Des Moines restaurant owner's 'overtly sexual' touching created hostile workplace

Austin Cannon | The Des Moines Register

The owner of a Des Moines restaurant has been ordered to pay $8,269 to a former employee who was forced to resign when her boss's "overtly sexual" touching and verbal harassment created a hostile workplace.

The employee testified that Baggio Qerimi, the owner of Luigi’s Italian Restaurant, 2811 S.E. 14th St., repeatedly "touched her, hugged her and attempted to kiss her."

In one instance, the employee said Qerimi grabbed her and licked her ear.

"Additionally, Qerimi attempted to get (the employee) to spend time alone with him at the restaurant," Administrative Law Judge Laura Lockard ruled in May.

Lockhard ruled Qerimi's behavior made working conditions at the south-side restaurant so intolerable the woman felt she had to resign. Qerimi was ordered to pay the former employee $769 in lost wages and $7,500 for emotional distress.

The Des Moines Register does not identify victims of sexual assault or harassment.

The Des Moines Civil and Human Rights Commission, which investigated the initial discrimination complaint, upheld the judge's decision in June.

The commission also ordered Qerimi to pay up to $400 for a billboard discouraging sexual harassment and discrimination in the workplace. He must undergo workplace discrimination training and implement a non-discrimination policy.

Joshua Barr, the director of Civil and Human Rights Commission, credited the victim for speaking up.

“In this instance, the complainant did not feel safe at work, and to protect herself, began to record her shifts in the event that her safety became further compromised," he said in a news release. "It was through the complainant’s ability to use the tools she had available to protect herself — such as a recording app on her phone — that the investigator was able to determine that the sexual harassment was in fact taking place.”

'Basically, she's a woman'

The woman, who worked at Luigi's for about four weeks in the spring of 2016, testified that Qerimi repeatedly approached her from behind, grabbed her by the waist and pulled her against him, among other acts.

When the woman complained, she said Qerimi would call her “Cicciolina,” the stage name of an Italian adult film star, according to court documents.

“It was clear how traumatic that was,” Des Moines Civil and Human Rights Commission member Emily Shields said.

Qerimi denied the allegations in interviews with investigators and during testimony.

In a phone interview Wednesday, he said the court believed his accuser because she’s a woman.

“Basically, she’s a woman," Qerimi said. "That’s why. The judge is a woman. The whole city of Des Moines was in court against me. That’s why they believe her.”

Qerimi said the whole incident was part of a conspiracy against him.

“Somebody had trained her. Somebody told her what to do,” he said.

'We will step in and defend you'

Kameron Middlebrooks, the vice chair of the commission, said it was rare that cases brought to the commission get this far. Usually, they're settled or reach some other type of resolution.

"We want awareness around this," he said.

Shields, who was appointed to the commission in 2017, said she hopes that businesses understand the city's anti-discrimination ordinances and take opportunities to educate their employees.

The Luigi's case shows there are "consequences to these behaviors," she said.

"When the Des Moines human rights ordinance indicates that your rights have been violated, we will step in and defend you," Barr said.

Qerimi's attorney, Tim Duffy, said he would not dispute the administrative ruling requiring his client to pay his former worker for lost wages and emotional distress. But he does plan to appeal the commission's ruling that compels his client to pay the costs of the administrative hearing.