Claims pending at Baskin Robbins

Eric Yates, owner and manager of Baskin Robbins, located on the 3900 block of Walnut Street, has two cases of sexual harassment and one worker's compensation claim pending against him with the Philadelphia Commission on Human Relations. An initial mediation session was held on November 8 at the commission's office, and a subsequent meeting has not been scheduled. Robert Lotman, who worked at the store from last February until earlier this month, filed one sexual harassment complaint and a constructive discharge allegation against Yates. And Bill Mummert, also a former employee of Yates, filed a sexual harassment and a worker's compensation complaint. But Yates' lawyer, Leonard Bucki, said that the former employees' allegations are false. "There is nothing substantial to their complaints," Bucki said. "Their case so far is a complete failure." Andrew Park, the attorney representing both Lotman and Mummert, said he is "totally confident" in his clients' cases. Lotman alleges that his problems with Yates began within his first month of work at Baskin Robins. "The working conditions were unbearable," Lotman said. "While I scooped ice cream, Yates commented on how strong and beautiful my arms are." According to Lotman, Yates continually made verbal advances and "rubbed my body." Lotman said the final straw occurred when "Yates patted my butt." He stressed that monetary concern was not his motive for filing the complaints. "The reason I am going through this is that I still have many friends who work there," explained Lotman. "I don't want Yates to continue abusing them." Mummert, the other claimant, is a homosexual who was harassed by Yates on a daily basis, according to Park. Mummert filed his worker's compensation claim after he suffered a hernia late last year and was denied insurance benefits, Parks said. Park added that he believes this case is extremely important because of the message it sends out to the Philadelphia community. A city law protects gay and lesbian employees from discrimination. "It is good to know that our city has important laws like these," Park said. "I just hope that they can be put to good use." The second mediation with Banks, to decide if the city ordinance will be applied to the case, has not been scheduled. Yates complained that Lotman and Mummert have been delaying the meeting. "I asked for a two-week delay when my store had a fire," Yates said. "But after that, they [Lotman and Mummert] have been afraid to begin the process." But Park denied Yates' claim. "I wrote many letters to begin the mediation process," Park said. "I recently wrote long pleas to the executive director of the commission and the city facilitator." Yates also complained that his accusers did not have evidence, but Park pointed out that Lotman and Mummert brought two witnesses to the mediation, while Yates had none. Both sides are anxiously awaiting a response from the commission.