The man at the center of a federal lawsuit that alleges workplace sexual harassment and retaliation has been placed on leave and a temporary restraining order has been filed against him.
The move comes two months after the Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Swami’s 101 LLC and Swami’s Café and Honey’s Bistro restaurants. The lawsuit claims a 4-year investigation into allegations that young girls were often sexually harassed and had no recourse within the company.
The lawsuit names John Nolan who manages the Encinitas Swami’s Café as someone whose behavior went unchecked by upper management.
Now, Swami’s management is doing something.
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According to court documents, after requesting a temporary restraining order against Nolan, he was put on a leave of absence. The court documents say “Respondent (Nolan) has intentionally interfered with the EEOC’s investigation, including threatening staff if they communicate with the EEOC.”
The request to keep Nolan away from Swamis and its employees claims his “behavior has become erratic and unpredictable.” It describes Nolan driving his motorcycle past the Swami’s Encinitas location loudly revving the engine to intimidate employees. It also claims he parked his motorcycle in front of the restaurant with a gun holster tied to the frame, which was also believed to be a form of intimidation.
Nolan has been ordered to stay at least 100 yards away from Swami’s and its employees and their homes. He was also ordered to turn over any firearms to the San Diego County Sheriff. A hearing is scheduled in Vista court on Aug. 11.
NBC 7 asked the EEOC if Swami’s actions against Nolan could signal an end to the federal lawsuit.
“This does not negate the lawsuit against Swamis,” said spokesperson Nicole St. Germain. She went on to explain that Swamis itself put Nolan in charge and that makes them liable. “They knew or should have known what was going on,” said St. Germain who added that the EEOC is seeking relief for all the employees who were forced to put up with a hostile workplace.
A manager at Swami’s Café in Encinitas told NBC 7 he could not comment because of the ongoing litigation. NBC 7 called and emailed Swami’s lawyer, but got no response.
The federal lawsuit is now in mediation.
