A former server at Le Bernardin has dropped her discrimination and wage lawsuit against chef Eric Ripert’s top seafood fine dining restaurant. Despite alleging that management ignored sexual harassment and that an owner once shamed her for post-pregnancy weight gain, Kristin Avery’s suit was voluntarily dismissed without prejudice to either side, or with any settlement.
At the time, Ripert called Avery’s allegations “completely false.” Via a spokeswoman, the restaurant declined to comment on the dismissal at this time. Avery’s lawyer, prolific employment rights attorney Maimon Kirschenbaum, did not immediately return Eater’s requests for comment on why the suit was dropped.
Avery worked at the three-Michelin-starred venue from September 2012 to July 2015 and alleged that management repeatedly ignored her complaints about sexual harassment in the restaurant. She claimed that captains touched her butt inappropriately on two separate occasions and that kitchen staff “taunted” her about sexual assault she had experienced, claiming she made it up and calling her a “whore.”
The complaint specifically named co-owner Maguy Le Coze, saying that he told her it was “very important” to lose her post-pregnancy weight. It also alleged wage theft and sued for unspecified damages and back pay.