Tia Benton Mar. 5, 2013, 3:31pm

NEW ORLEANS – A former waiter in Canal Street restaurant, Mandina’s, filed a suit for damages claiming he was physically assaulted by the manager and along with other black employees, he suffered due to the discriminatory practices implemented by the restaurant’s management.

James Everett filed a lawsuit Dec. 17 against Mandina’s Inc., Mandina’s Restaurant in the Orleans Parish Central District Court. The plaintiff claims he was slapped by the manager, Cindy Mandina and during the course of his employment, he and other black employees were referred to as thugs, required to do perform tasks white employees weren’t asked to do, forced to work in the rear or upstairs room while white employees were allowed to work special event and the main dining room and harshly reprimanded for minor mistakes. His employment was terminated and he alleges it resulted in loss of income and emotional distress.

The defendant is accused of intentional infliction of emotional distress, violation of state statures and failure to supervise employees.

An unspecified amount is sought for physical pain and suffering, medical bills, lost wages, statutory damages and attorney's fees.

Counsel for the plaintiff is Myles Steib of Gardner & Steib of Metairie.

This case has been assigned to Division A Judge Tiffany G. Chase.

Case no. 2012-11724.

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