Claimed sex harassment while employee at Lobby House

Delaware State News

DOVER — A U.S. District Court jury has awarded a former Lobby House bartender more than $100,000 after she claimed that management of the popular Dover restaurant and nightspot sexually harassed her.

Shannon Laymon alleged that late-night parties took place at the Lobby House at 9 E. Loockerman St., with people taking shots off waitresses’ bodies and women flashing others, while she was employed at the restaurant from September 2005 until March 2007, when she was fired.

"Much of the activity happened late at night, though some witnesses, including one of the defense’s witnesses, testified that it sometimes happened when customers were present," said Dover attorney Noel E. Primos, who is representing Ms. Laymon.

"She testified about the emotional distress it caused her. It was very emotionally upsetting to her, something that made it much more difficult to work in that environment."

The scene described in court documents more closely resembles a wild night in Dewey Beach — which is known for raucous parties — than the Lobby House, a Dover establishment that often plays host to political fund-raisers and is a gathering place for state lawmakers, lobbyists and others after the legislative session adjourns for the day.

Attorneys for the restaurant are expected to file motions in the federal court this week to significantly reduce or set aside the jury award, but the Sept. 12 verdict could carry other implications.

The state Division of Alcohol and Tobacco Enforcement is opening an investigation into allegations of "after hours" socializing at the establishment.

"People commonly refer to drinking after a bar closes as ‘after hours,’ but it’s the actual hours that matter," said Michael Hertzfeld, Alcohol and Tobacco Enforcement’s supervisory agent for Kent and Sussex counties.

"All restaurants, bars and liquor stores cannot sell or serve alcoholic beverages after 1 a.m. Restaurants like the Lobby House can remain open, but after 2 a.m., people there can no longer drink alcohol."

Mr. Hertzfeld said the time of any after hours drinking is important, noting that the division sometimes receives complaints about employees of other restaurants drinking after closing, but the establishment closed before 1 a.m.

"If employees stayed on and were getting served until 1 a.m., that is perfectly legal," said Mr. Hertzfeld, adding that the division is obligated to investigate any such claims when they are reported in the media or are alleged in court documents.

Dover police spokesman Lt. James E. Hosfelt said the city police department has not received any criminal complaints about sexual harassment at the Lobby House and is not planning on investigating the claims.

Lobby House attorney Ronald Poliquin said he was "extremely shocked" by the jury’s decision because no witnesses backed up Ms. Laymon’s claims.

"There were an overwhelming number of female Lobby House workers who testified that no sexual harassment took place," Mr. Poliquin said.

"What you have is one employee making claims that no one else could substantiate."

Mr. Primos said Ms. Laymon was fired after she retained an attorney in relation to a workers’ compensation claim and had complained to a manager about sexual harassment.

"She was told by management that if she didn’t like it, she could go work somewhere else," Mr. Primos said.

That argument, Mr. Poliquin said, is moot because Ms. Laymon socialized at the Lobby House when she wasn’t scheduled to work, including a few weeks before she made the allegations.

"If you have a hostile work environment, one doesn’t normally socialize there when they’re not required to be there for work," he said.

Mr. Primos countered that it was difficult for his client to file a complaint to management when it was managers who were creating the situation.