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SAN DIEGO (KGTV) - Two women who worked as massage therapists at the Grand Del Mar are suing the resort’s parent company, claiming the spa allowed them to be sexually harassed by male clients. Christina Murphy and Madeline Flores made allegations this week of sexual harassment, failure to prevent harassment, wrongful termination, and retaliation against FHR GDM Hotel Management Company LLC. The women’s claims involve two spa clients, Steve Hodsdon and Juan Pablo Mariscal, who the women say made inappropriate advances during scheduled massage appointments. The Grand allowed clients to disregard protocols for keeping themselves covered and repeatedly exposed themselves to therapists, according to a court document filed by the women’s attorney. The male clients also made sexually suggestive comments and gestures and propositioned their therapists for sexual favors, the document said. The legal complaint also details issues Flores and Murphy said they addressed to the spa’s lead massage therapist, manager, director, and human resources representative. The Grand “ignored the complaints and tried to brush them under the rug to keep these male clients coming to the Spa,” the document reads. Both Flores and Murphy used administrative channels to make complaints in Aug. 2018, filing sexual harassment complaints with the California Department of Fair Employment and Housing. On Feb. 26, 2019, Murphy and Flores amended their complaints to include a claim of construction discharge in violation of FEHA or wrongful termination, respectively, and the DFEH closed their cases. The women say they suffered emotional distress, mental anguish, nervousness, grief, anxiety, worry, shock, humiliation, and shame.In a statement sent to 10News, Murphy said, "From the beginning, the Grand Del Mar makes it clear that as massage therapists, we should feel privileged to work on such high-end clientele. This creates a power differential where the guests have all the power and the therapists are powerless to challenge inappropriate conduct. The sexual intimidation by these male clients caused me so much fear – fear of what these men were capable of and fear of retaliation by the Grand for reporting them. But I had to speak up to protect myself and my coworkers. When it became obvious that the Grand was not going to protect me, I did the only thing I knew would keep this from happening to me again – I quit."Flores said in the same statement, "What happened to me and Christina never should have happened. The Grand should have taken action to stop this harassment the first time it received complaints about these men. But the Grand did nothing and we ultimately paid the price. The Grand made me feel unsafe at work when they were supposed to be the ones to protect me. This was a profession that I went to school for and that I loved, and now, I have lost my passion for it. I was scared to come forward but ultimately, I felt I had to come forward because I do not want what happened to me to happen to other massage therapists."Their attorney, Alreen Haeggquist, with Haeggquist & Eck, LLP said, “The law is simple and straightforward: an employer has a duty to protect its employees from harassment. But in the face of multiple detailed complaints by its female massage therapists over a period of years, the Grand has chosen to instead protect the perpetrators. The Grand has made a clear choice: the tens of thousands of dollars its predatory male clients spend at the Hotel is far more important than the safety of its female employees. For the right amount of money, the Grand will ignore clients who remove all draping, grind on the massage table, expose their erect penises and ask its therapists for prostate massages. Over the past few years, the Grand has refused to accept any responsibility for its systemic failures. They have had multiple opportunities to do the right thing and protect their female massage therapists – and time after time, they’ve failed to do so. Well, time’s up.”The plaintiffs believe no fewer than six massage therapists may have been victimized, the court document says. The hotel responded in a statement of its own, "Fairmont Grand Del Mar acts diligently to investigate employee complaints and is confident that there was no wrongdoing by the hotel in connection with this matter. The safety of our guests and our colleagues is a top priority and providing a healthy work environment remains paramount. As this matter is currently in litigation we are not able to further comment."10News attempted to speak with Hodsdon and Mariscal and were turned around at the gate to their neighborhood. 10News also attempted to contact Hodsdon at his workplace and he was not there. 4736

SAN DIEGO (KGTV) — While California issued a "stay at home" order to slow the spread of the coronavirus, several "essential" services are still open.Thursday night, Gov. Gavin Newsom issued the order requiring Californians to remain home amid the COVID-19 pandemic.But residents aren't totally locked into their homes during the order.RELATED: What's the difference? Cold vs. flu vs. coronavirus symptomsEssential services that will remain open include:Gas stations, auto supply, and auto repair storesPharmacies, including drug stores and legal cannabis dispensariesGrocery stores, farmers markets, food banks, convenience stores, take-out and delivery restaurantsEssential governmental services, like police, fire, and first responder services, public transportation, garbage, utilities, etc.Airlines and taxi services for essential travelBanks and professional servicesHome-based care giving and childcare facilities for groups of 10 or less children (must be the same group each day)Laundromats and laundry servicesPet supply stores and veterinariansHardware stores selling safety, sanitation, and basic home itemsPlumbers, electricians, exterminators, and safety and sanitation servicesMedia servicesHomeless and social servicesMailing and shipping servicesEducational institutions, though for virtual learning currentlyA list of the state's critical infrastructure sectors can be found here.While these services are allowed to stay open, the state said social distancing should be exercised while in public. Locals should also check specific locations they intend to use or visit to see if hours have been impacted by COVID-19.This also means that residents can still get outside, go on a walk, walk their dog, and take the kids outside, but social distancing should be practiced. RELATED: San Diego COVID-19 tracker“You can still take your kids outside, practicing common sense and social distancing. You can still walk your dog,” Gov. Newsom said Thursday. "If we are to be criticized at this moment, let us be criticized for taking this moment seriously.”In San Diego, many had already adjusted to social distancing, no dining inside restaurants, and closures of bars, gyms, and entertainment venues.Things that are closed under the stay at home order and San Diego's own public health orders include:Dine-in restaurantsBars and nightclubsEntertainment venuesGyms and fitness studiosPublic events and gatheringsConvention centersINTERACTIVE MAP: Confirmed coronavirus cases in San Diego County 2510

SAN DIEGO (KGTV)-- A San Diego mother says working from home during the coronavirus pandemic cost her her job. She claims she was fired because her kids were making noises in the background of her teleconference calls."We're letting you go," Drisana Rios said. That was what her Human Resources representative told her in a call earlier this month. She said she thought the call was supposed to help resolve her workplace problems. Instead, by the end of the call, she says she was fired.Rios says it all began in mid-March when her bosses at an out-of-state insurance firm told her to work from home and telecommute via conference calls. This was in response to the state's COVID-19 lockdown orders.Rios says all parents working from home received an email from the company's regional boss that read, "thank you for the incredible effort you are putting forth through these difficult times." She says it also said that they would avoid layoffs during the pandemic.Like many parents, Rios was unable to find childcare for her four-year-old daughter and one-year-old son. Despite juggling parenting and working from home, Rios claims she was able to complete all her tasks. She adds that her clients never complained about her kids being in the background of her conference calls. The only complaints, she says, came from her male, direct superior."I said, 'Do you want me to lock my kids in the room? My one-year-old in the room? Do you want me to do that?' And… he responded and said, 'Figure it out.'" Rios said.She says she tried to arrange calls to be during her children's afternoon naptimes but claims her boss continued to ignore and demean her."He would purposely overlap schedules," Rios said.Rios then reached out to her HR department and asked how she should deal with the harassment she says she was experiencing-- a move she says that backfired a week later."She was shamed for having children, so she first elevated it to Human Resources," Daphne Delvaux, Sr. trial attorney at Gruenberg Law, said. "Human Resources took the side of the abusive manager, and terminated her for complaining."Rios has since filed a lawsuit against both her direct boss and the company for Gender discrimination, Retaliation, Gender harassment, Failure to prevent gender discrimination, Negligent supervision, Intentional infliction of emotional distress, and Wrongful termination in violation of public policy.In her complaint, Rios claims her HR representative told her that the company was "...experiencing a reduced revenue due to COVID-19 and they were laying [the] plaintiff off as a result of the pandemic." But Rios believes this was retaliation."The fact that they tried to cover it up because I went to HR, it's obvious what they did," Rios said.ABC 10News reached out to the company headquarters for comment on this lawsuit. We have not heard back. 2861

SAN DIEGO (KGTV) - Two people were found dead Sunday morning after authorities responded to multiple 911 calls of a capsized boat off the coast of Ocean Beach.Authorities received a call about the incident around 3:30 a.m. When they arrived, authorities found a 28-foot vessel overturned along the shore with two mean deceased nearby."About a 28 foot vessel overturned in the shore, on the sand," says SD Fire & Rescue Lt. Maureen Hodges. "We do have two victims that were down on the sand."The incident happened shortly after 3:30 Sunday morning. Customs and Border Protection officers told ABC 10News the boat capsized off the shore, throwing the two people into the water. There's still no word on if any other people were in the boat.Border Patrol also responded to the incident along with San Diego Police, lifeguards, and San Diego Fire-Rescue. CBP believes this is the latest incident to involve a human-smuggling effort gone horribly wrong.So far in the 2020 Fiscal Year, there have been 210 incidents involving these kind of "panga" boats off the coast of San Diego. The record was set in 2013, when CBP responded to 243 such incidents. With two months left in the fiscal year, 2020 is on pace to break the record.ABC 10News asked if the rise in panga boat incidents could be related to border closures because of the coronavirus, forcing would-be smugglers to turn to the water. CBP officials won't speculate on an official reason.The search continues for anyone else who may have been on the boat.They ask anyone with information about Sunday morning's incident, or any others, to call 619-278-7031. 1622

SAN DIEGO (KGTV) - U.S. Immigration and Customs Enforcement (ICE) deportation officers arrested 20 illegal immigrants during a five-day sting, officials reported Friday. The operation, which wrapped up Thursday, was focused on immigrants with a final removal order, criminal convictions, or criminal charges. ICE did not provide details about the locations of the arrests or the names of those targeted.ICE officials said 85 percent of those arrested had prior convictions or charges including drugs, weapons offenses, hit and run crashes, DUI, theft, domestic violence, fraud, and evasion. “Targeted operations like this reflect the vital public service that ERO officers do every day to protect the nation, uphold public safety and protect the integrity of our immigration laws and border control,” said Field Office Director Gregory Archambeault. “We will continue to conduct similar operations, while seeking to ultimately remove criminal aliens with a final order of removal and other immigration fugitives who pose a threat to public safety.” The primary targets of the operation will be removed from the United States, ICE officials said.Enforcement response officers arrested 158,581 immigrants in fiscal year 2018, according to ICE. 90 percent of those arrested had criminal convictions, charges, or previous final orders of removal. 1350