A former manager at the Hilton Minneapolis who claimed she walked in on an orgy at a company sales conference has “sensationalized” what was only “some questionable behavior,” the hotel's owner says in arguing that her sexual harassment case should not go to trial.

Deborah Smith used the word “orgy” repeatedly in a complaint she filed in November 2008, alleging she was subjected to “unwelcome sexual conduct” in a banquet room at the Hilton and that she was fired from her position as manager of the hotel's upscale restaurant after complaining to human resources about it.

The lawsuit does not allege Smith was invited or forced to participate in any sexual activity. And in a motion for summary judgment, Hilton Hotels Corp. says the case should be dismissed in part because she didn't really see an orgy.

In a deposition, Smith testified, among other things, that she saw a sales manager standing between the legs of a woman who was lying on a table and making a “sexual movement where you would take your hips and grind upon another person.”

“It look[ed] like sex to me,” she said. But when asked, “But you didn't actually see them have sex?” she replied, “No.” She also agreed that she couldn't see if the manager's pants were undone.

“Smith's testimony ... debunks her Complaint's sensationalized account of events because she admits the only evidence supporting her harassment claim was what she witnessed for eight seconds and there was no sex involved,” Hilton argues.

“She merely walked into a room, and in less than eight seconds, saw some questionable behavior,” the company says.

In a brief opposing summary judgment, Smith backtracks from her hardcore allegations, saying that she observed managers “engaging in ... acts she believed constituted an orgy.” They were, nevertheless, “sexual acts that an employee should never be forced to witness in that context” and she was “horrified” by them.

“A single incident of sexual harassment can suffice to create liability when it is severe, as it was in this case,” she argues. “A single incident can be sufficient to find a hostile work environment.”

The alleged incident at the Hilton Minneapolis in August 2007 occurred during a national conference attended by sales managers from Hilton hotels around the country. Employers have been found liable for failing to protect employees from seeing pornography in the workplace but there is no precedent for finding harassment based on inadvertent viewing of an orgy.

Smith's deposition doesn't appear to help her case much. While she was in the banquet room, she testified, she also saw a banquet staff employee rubbing another manager's “thighs and genitals with her hands” while he was tilting his head back saying “ooh.”

But both those people were also fully clothed. According to Hilton, moreover, surveillance tapes show she was only in the room for eight seconds, contradicting her claim that she was there for a full minute.

“Smith testified she saw four of her co-workers engaged in 'sexual-type' simulated acts while fully clothed,” Hilton says. “As a matter of law, this eight second exposure is not sex harassment.”

The company has also moved for summary dismissal of a related complaint in which another former employee -- cocktail server April Bezdichek -– alleges she was harassed directly in the banquet room by a manager who made her sit on his lap and “moved her body up and down on his erect penis.” She has also corroborated Smith's description of simulated sex acts.

“Essentially, Bezdichek complains of a non-existent 'orgy', excessive alcohol consumption with her supervisor, and occasional innocuous remarks,” Hilton says.

A hearing on both summary judgment motions is scheduled for Feb. 26 before U.S. District Judge Michael J. Davis. Smith is seeking at least $50,000 in damages under the Minnesota Human Rights Act.

By Matthew Heller
1/18/10