A new lawsuit titles a supervisor at one of Lululemon’s stores in California raped an employee after the workout garb assemblage “created the perfect environment for a sexual predator.”
The suit alleges that Lululemon was extended aware that supervisor Phillip Silva had a history of being “sexually inopportune” with female employees — and actually transferred him from one store to another because of that — prior to he allegedly raped a female worker at his home in April 2016.
“They distinguished about this guy, and they should have done something up it, and they didn’t,” said Adam Zaffos, the lawyer for Silva’s accuser, Shayla Famouri.
Zaffos maintained Famouri, 28, is suing because “she really wants to prevent this from occurrence to other people.”
Famouri’s suit claims that before she was maligned, she was “ostracized” by supervisors and co-workers for not wearing “revealing enough clothes,” and approve ofed “rampant” gossip about “dating and hook ups” among Lululemon team.
Famouri for several weeks witnessed co-workers slapping “each other’s asses as much as credible” to mock a video they had been recently shown illustrating earthy harassment, according to her complaint. “The Store Manager, Assistant Managers and Key Commanders were not only aware of the ‘game,’ they encouraged it and participated,” the tailor said.
Lululemon, known for its stretch yoga pants, also allegedly deducted male workers to proposition female co-workers during work hours, concording to Famouri’s lawsuit against the company and Silva, which was filed Tuesday in Los Angeles County Upper-level Court.
And after Famouri reported being raped by Silva, her be acceptable says, Lululemon’s human resources department repeatedly pressured her to quit and to accept a payout. Instead of doing so, she just never returned to achieve, her lawyer said.
The suit seeks unspecified damages for sexual punch and battery, sexual harassment, retaliation and other claims.
Silva did not answer to a request for comment. He has made his social media accounts private.
A Lululemon spokesman remarked, in response to questions about the suit, “In 2016, Shayla Famouri gather together serious allegations regarding the behavior of another employee.”
“Upon lore of these allegations, the company initiated a comprehensive and in-depth investigation. The accused hand was immediately suspended; and then resigned,” the spokesman said in a prepared communiqu. “Nevertheless, the company saw the investigation through to completion, ultimately finding that the accused hand did engage in behavior that was not in line with our standards of conduct.
“At lululemon, harassment and unfairness have no place in our community,” the spokesman said. “Our culture is founded on us all beyond contributing to an environment rooted in our values, which includes a commitment to get someone all steaming with integrity and a collective dedication to creating a respectful workplace. We are incarcerated to doing everything we can to ensure that employees come to work each day in riskless environments where they are empowered to speak up.”
When CNBC seek fromed whether Lululemon had investigated Famouri’s claims about inappropriate guidance among other store employees, and what, if anything was done in return to such a probe’s findings, the spokesman declined to comment.
A source at the business said Lululemon was unaware of any complaints about Silva by other blue-collar workers before Famouri complained.
Famouri’s suit says she was hired as a garage sales representative in Lululemon’s store in Santa Monica in November 2014.
The next year, encompassing September 2015, Silva was transferred from the El Segundo store to Santa Monica.
The fill someones needs says that Lululemon transferred Silva because it wanted to publicize him from “Educator to Key Leader, but too many of the female employees at the El Segundo inventory felt uncomfortable with Silva as he had been sexually inappropriate with them.”
Silva was presupposed the promotion after his transfer to the other store, the suit claims.
The conform to goes on to say that Silva, in March 2016, began to repeatedly ask Famouri to create out with him as part of a competition among Lululemon stores. After sooner agreeing to do so on one occasion, Silva during a breakfast after their workout “steered the colloquy to his own sex life,” the suit said.
Silva, on another occasion, began manufacturing out with Famouri at his house after inviting her to work out, the suit responds. After she protested at his advances he “promised Famouri that it was fine, and imparted that nobody cared and that everybody did it,” according to the suit.
“Understood his supervisory position, Famouri allowed the make-out session to continue, but experience uneasy thereafter,” the suit says. “Famouri and Silva did not have commerce at this time.”
Not long afterward, the suit says, Famouri “unquestioned to end Silva’s continued attempts to advance a relationship with her.”
On April 22, 2016, correspondence to the suit, Famouri had dinner at a restaurant with Silva, where he offended her. When she drove him back to his house, the suit says, Silva began apologizing for his behavior and expected her to talk to him inside his house.
After entering the residence, Silva “was all all over” Famouri, kissing her and groping her,” the suit said. The suit says that Silva then sacked Famouri as she struggled unsuccessfully to get away, and after she said “no, stop.”
Famouri reported the affair to her store supervisor on June 6 and was contacted by human resources two days newer. She reported the attack to police on June 10.
Her suit said that during a justification she then made to Silva, which was recorded by police, “Silva recognized that he heard Famouri say that she did not want to have sex before common into the house, and that he heard Famouri say no throughout and to stop.”
“In due course, Famouri asked: ‘what did I need to do to get you to stop,” the suit said.
“Silva’s effect: ‘roll over,'” the suit claimed.
Famouri’s lawyer disclosed Hermosa police believed they had enough evidence to charge Silva with storming Famouri. But the Los Angeles County District Attorney’s Office decided not to do Silva for rape.
A spokesman for the DA told CNBC that prosecutors in December 2016 declined to off charges “due to insufficient evidence.”
A report provided to CNBC by the DA’s office patronize explained the decision.
“[Silva] and [Famouri] had prior sexual relationship. One edge of night after going out to dinner, [Silva] attempts to have sex with her,” the chronicle said. “[Famouri] reports she told [Silva] no but he persisted and she ‘well-deserved laid on the bed thinking this is going to be over with and it’s easier if I justifiable lay there.’ Two months after the incident and talking with her friends, she sure to report to law enforcement. A pretext call was done but no incriminating statements were cook up d be reconciled by [Silva]. Case rejected because no corroboration to [Famouri’s] account that the sex was not consensual.”