Case to proceed against Hilton, Rodman

Grace Leong

Monday, July 9, 2001 | 10:56 a.m.

A Las Vegas Hilton cocktail waitress won the right to a trial Friday in her lawsuit alleging she was fondled by basketball star Dennis Rodman and was then fired for reporting the incident to the hotel-casino.

Gloria Chapa filed a lawsuit in June 1999 against the Hilton and Rodman after she was fired in July 1998 -- allegedly for complaining Rodman had grabbed her breasts when she served him a drink. Chapa said Rodman massaged her breasts while saying "boobs, cleavage, cleavage, cleavage."

Chapa, who said she immediately reported the incident to the Hilton, said she was suspended and later fired after the Hilton determined Chapa's complaint against Rodman was false.

But Chapa, a member of the Culinary Union, was reinstated on April 17, 1999 -- allegedly because the Hilton faced an imminent binding arbitration hearing with the union, which fought the hotel-casino for her reinstatement, her lawsuit said.

U.S. District Judge Philip Pro in Las Vegas ruled Friday the Hilton's initial termination of Chapa was "undoubtedly an adverse employment action," because "assuming Rodman made the alleged inappropriate conduct toward Chapa, this court cannot find (the Hilton's) termination of Chapa to be based on a legitimate reason."

Pro ruled Chapa's case will proceed on claims of battery, sexual harassment, retaliation and negligence.

David Pancoast, Chapa's attorney, said he was happy with Pro's ruling even though some of Chapa's claims were dismissed.

"The crux of Chapa's claim survived, which is that he grabbed her breasts, and that the Hilton should have known Rodman presented a danger to its employees but further retaliated against her for filing a complaint about him."

Pro dismissed other Chapa claims against Rodman of assault and violations of the Violence Against Women Act, and her claims against both him and the Hilton of intentional infliction of emotional distress, civil conspiracy and civil aiding and abetting.

Her charges against the Hilton of defamation and false imprisonment were also dismissed.

"Assault is the anticipation of battery, and battery is unlawful offensive physical contact. Her assault claim didn't survive because she didn't know she was going to be fondled," Pancoast said.

Pro ruled Chapa's sexual harassment claim is an allegation for a jury to decide because Chapa has produced the names of two other women who were allegedly groped by Rodman at the Hilton and, Pro said, the Hilton acknowledged that it was aware of one of the incidents named by Chapa. This alleged incident occurred about two days before her encounter with Rodman.

A Hilton attorney declined comment on the ruling.