Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is an employment discrimination and retaliation case. El Apple I, Ltd. appeals from a judgment in favor of its employee, Myriam Olivas. A jury determined Ms. Olivas was the target of illegal retaliatory conduct following her filing of sex discrimination charges against her employer, and awarded her $104,700 in compensatory damages and back pay. The trial court awarded Ms. Olivas $464,000 in attorney’s fees, and added conditional attorney’s fee awards for post-judgment and appellate proceedings. El Apple raises four issues challenging: the sufficiency of the evidence supporting the jury’s retaliation finding; the jury’s award of $1,700 for “back-pay;” the trial court’s admission of evidence of discrimination of other employees; and several aspects of the attorney’s fee award. We affirm as reformed.

Myriam Olivas began working for El Apple I, Ltd., as an assistant manager in one of the company’s Applebee’s restaurants on August 4, 2001. In October 2001, after completing training at El Apple’s Yarborough location, Ms. Olivas was assigned to the Applebee’s on George Dieter. During her training, one of Ms. Olivas’ supervisors was the Yarborough restaurant’s general manager, Mr. Alex Aguirre. At the George Dieter restaurant, Ms. Olivas’ supervisor was Mr. Freddy Hernandez. In May 2002, Mr. Hernandez began talking to Ms. Olivas about a possible promotion, and Ms. Olivas began training as an assistant general manager.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Multifamily Spring 2023

March 27, 2023 - March 28, 2023
Miami, FL

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!

Learn More

The Asia Legal Awards (ASLA) 2023

March 30, 2023

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.

Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.

Learn More

Associate Attorney

Looking for an Associate Attorney with 2 to 5 years experience to handle Labor and Employment Law, Pension Appeals and Workers Compensation....

Apply Now ›


0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Great opportunity for advancement. Salary will be commen...

Apply Now ›

Health Law Associate CT

Health Law Associate CT Shipman is seeking an associate to join our national longstanding health law practice. Candidates must have t...

Apply Now ›



Aaronson Rappaport Feinstein & Deutsch, LLP mourns the loss of cofounder and original Managing Partner, Mark B. Feinstein.

View Announcement ›



Lawyers of Distinction would like to announce...

View Announcement ›



Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...

View Announcement ›