Magaly Castillo was hired as the manager of D'Carbon Bar & Grill in November 2019. From the outset, the restaurant's owner subjected her to persistent unwanted advances — asking her out, inviting her to his home, and attempting to touch her. When she rejected his advances and he turned his attention to a waitress, the resulting workplace dynamic created ongoing friction that Ms. Castillo eventually reported. Shortly after she sent a group text message explicitly reporting the harassment and hostile work environment to management, the owner fired her by text message the following day. She filed suit against McBride's Restaurant d/b/a D'Carbon Bar & Grill and Eduardo Ayme for sexual harassment, retaliation, and gender discrimination under the New Jersey Law Against Discrimination.
Magaly Castillo was hired as the manager of D'Carbon Bar & Grill on or about November 1, 2019. She performed her job excellently with no negative feedback or criticism. Shortly after being hired, she observed the restaurant owner, Eduardo Ayme, engaging in flirtatious and inappropriate conduct with female waitstaff. A bartender told her that Mr. Ayme was a well-known flirt at the restaurant who had reportedly been involved with multiple staff members over the years.
Mr. Ayme then turned his attention to Ms. Castillo. On multiple occasions he asked if she had a boyfriend, told her he would like to take her out, invited her for drinks, and asked her to come to his home. Ms. Castillo told him to stop and that he was married. One day during work, Mr. Ayme — who appeared to be under the influence of alcohol — walked behind Ms. Castillo, tried to touch her buttock, and said "How's that ass" and "I like that ass." Ms. Castillo again told him to stop. He later apologized in person and by text message.
After Ms. Castillo made clear she would not tolerate his conduct, Mr. Ayme shifted his attention to a waitress, Luz Villa. Ms. Villa subsequently became confrontational with Ms. Castillo, refusing to follow direction and citing Mr. Ayme's authority. Ms. Castillo raised Ms. Villa's performance issues with Lorena Ayme, the co-owner. During that conversation, Ms. Ayme apparently learned for the first time of a relationship between her husband and Ms. Villa. On August 17, 2020, Ms. Ayme directed Ms. Castillo to terminate Ms. Villa, telling her it was "against policy to go out with the owner." Ms. Castillo carried out the termination as instructed.
That same evening, Ms. Ayme told Ms. Castillo that Mr. Ayme wanted her out of the restaurant, and that "I think Luz is putting stuff in his head." She confirmed Ms. Castillo had done nothing wrong, saying "No, you did nothing wrong, I think it's something personal for him." On August 20, 2020, Ms. Castillo discovered her system access had been revoked. When she sought clarification, she received conflicting explanations from both owners.
On the evening of August 21, 2020, Ms. Castillo sent a group text to both owners stating that she had been subjected to harassment and a hostile work environment and that "Eduardo has been harassing me and humiliating me for no reason. Eduardo has a history of dating employees, and it has become uncomfortable when he did it with me." Ms. Ayme called Ms. Castillo privately, told her she was "proud of her for speaking up," agreed it was "not fair what Eduardo is doing to you," and suggested she "take this to legal" and find a lawyer. Shortly afterward, Ms. Ayme called again to say Mr. Ayme was letting her go the next day. On August 22, 2020, Mr. Ayme sent Ms. Castillo a text message stating: "Unfortunately we no longer need your services, I would rather speak to you in person, but I have to inform you this way for legal purposes...." He then removed himself from the group text and blocked Ms. Castillo on WhatsApp.