MUSEUM SUED FOR SEXUAL HARASSMENT

Zelina Gaytan says she and others were groped by guests

Earlier this year, when Zelina Gaytan quit her job at the San Diego Museum of Art, she accused managers there of allowing drunk guests to grope the female staff.

Her social media post describing the experience went viral. Her letter on the online platform Change.org demanding an apology and changes at the museum generated more than 700 signatures in a matter of days.

Now Gaytan has filed a sexual harassment lawsuit alleging that officials at the Balboa Park landmark fostered a workplace culture that singled out women, and especially women of color, for harassment and discrimination.

Gaytan said in her lawsuit that she and several colleagues were “subjected to race discrimination and racist comments by both docents and guests” of the Museum of Art but that her complaints were ignored.

“SDMA had a systematic practice of permitting guests, who were intoxicated by the alcohol sold by the museum, to sexually harass female museum attendants, including Ms. Gaytan,” the legal complaint asserts.

“Specifically, SDMA hosted events such as the ‘Culture & Cocktails’ and ‘Bloom Blush’ where unlimited alcohol was served to guests,” it added. “SDMA expressly and consistently advertised such events for their ‘signature cocktails’, ‘craft beer’ and ‘open bar’.”

A spokeswoman for the San Diego Museum of Art, which is nearly 100 years old and features work from some of the most recognizable artists in the world, said the nonprofit does not comment on pending litigation.

But she noted that museum officials announced in May that they take all allegations of sexual and racial harassment seriously. They retained an independent expert to investigate the

claims, they are examining event policies and they already adopted some policy changes, they said.

“Actions have been put in place to initiate diversity and inclusion training, starting with senior management,” the statement said. “In addition, the museum is working with professional consultants to establish workshops with staff to ensure a culture of empathy and set a blueprint for how we can better listen to one another and increase opportunities for dialogue.”

Gaytan earned a degree in Spanish from the University of California before accepting a job at the San Diego Museum of Art as a museum attendant in 2017.

She consistently received positive job evaluations that highlighted her teamwork,

diligence, and ability to engage with guests about the artwork on display, according to the lawsuit.

In 2019, Gaytan was temporarily promoted to summer youth arts program counselor.

Gaytan alleged in the lawsuit that throughout her employment she learned of multiple female colleagues who were groped or harassed by museum guests and some employees.

“Museum attendants, including Ms. Gaytan, were expected to protect each other from intoxicated and aggressive guests due to SDMA’s failure to have policies that protected employees from intoxicated guests,” the suit alleges.

During a sexual harassment training session last fall, Gaytan said she recognized the behavior as illegal and reported it to supervisors. Museum leadership did nothing to respond to her concerns, the suit contends.

By March, when state and local COVID-19 restrictions began being lifted, the museum began planning its next fundraiser where alcohol will be served but without implementing any policy changes to protect employees from harassment, the suit said.

“At this point, it became apparent to Ms. Gaytan that SDMA had no intentions of changing its policies to prevent sexual harassment and discrimination,” the complaint states. “Ms. Gaytan did not feel safe going back to work.”

The lawsuit alsoalleges the museum treated female and minority employees differently than their White counterparts.

The museum has yet to respond in court to the allegations. A hearing has tentatively been scheduled for Jan. 14, 2022.