Mountain Creek sued

By Nathan Mayberg
VERNON — A federal lawsuit filed in U.S. District Court by a former employee at Mountain Creek alleges ownership harassed him over his weight, superiors directed him to hire more attractive workers, leadership passed him up for a promotion that was promised to him while he was directed not to pay certain vendors on time.

Richard Helmrich, who worked as the company's food and beverage manager and filed the lawsuit, named Mountain Creek co-owner Andrew Mulvihill with routinely demeaning him for his weight in front of other employees and guests at the Mountain Creek Resort and water park.

He accused Vice President of Hospitality for Mountain Creek Resorts Rabih Younes with asking him on multiple occasions to hire more attractive women with certain features to work for the company and entertain guests at a party at Mulvihill's residence, at a bachelor's party and on party buses. He also accused Younes of blowing kisses at him in an "overtly suggestive manner" according to the suit.

The suit alleges that Younes and Crystal Springs Resort Director of Food and Beverage William Polchinski told him they were specifically displeased with the attractiveness of the female workers at the Schuss Bar of the Mountain Creek ski lodge. He claims he was told by them to hire more attractive waitresses with certain physical features.

He alleges that all of his hires had to be "hot" females for summer 2014 staffing at the Cantina Bar, for party buses in 2012 and 2013 that traveled to MetLife Stadium for New York Jets and Giants games to promote Mountain Creek's Oktoberfest and for annual staffing at Oktoberfest.

The lawsuit, filed by Helmrich's attorney William Strazza, states that Helmrich's "superiors were both his supervisors and tormentors, despite plaintiff's best efforts, he could not seek redress as a victim of workplace harassment following the traditional channels."

Helmrich is described in the suit as standing 6 feet tall and weighing between 315 and 350 pounds over the time period outlined in the complaint.

His stature is considered morbidly obese and recognized as a disability, making his case subject to the Americans with Disabilities Amendments Act, his lawyer argues.

The suit states that Helmrich returned to the company in October, 2011 to take on the managerial role. He left in December, 2014.

In the summer of 2013, Helmrich would walk from the lodge at the Mountain Creek Resort to the water park through the golf path. On multiple occasions, he alleged that Mulvihill would yell out at him from a golf cart to "Keep walking that hill, you need to lose weight!" or "Keep it up, you'll lose that weight eventually!"

The comments were not meant as encouragement, the suit says. They "were intended to demean," according to the lawsuit.

Mulvihill's words were yelled out within earshot of resort patrons, employees and vendors, according to the lawsuit.

In one instance in front of other employees, Mulvihill allegedly said to Helmrich "it's about time you lost some weight, but there's still plenty more to go!"

In June, 2014, Mulvihill allegedly made more comments to Helmrich in front of guests, employees and vendors, saying "God, Ricky, why is the weight back on? You need to go see our trainer again!"

In another incident that summer, Helmrich alleged that Mulvihill was with Polchinski in a golf cart when Mulvihill yelled out "I thought I told you to get back with the trainer. You put all the damned weight back on!"

In September, while at the Bier Garten at Mountain Creek Resort, Mulvihill allegedly said to Helmrich in front of several employees "My God, Ricky, I will pay for one month of the trainer if you just get yourself back in the gym!"

In addition, Helmrich claimed a pay list was created to identify vendors that were to be paid, but only when necessary. He alleges he was also told not to pay vendors.

Messages left for Mulvihill, Polchinski and Younes were not returned.

Bill Benneyan, President of Mountain Creek Resorts, declined to comment.

Stating that he was speaking on behalf of the company, Benneyan said "my policy is not to comment on active, ongoing litigation."

In an email commenting on the suit, Helmrich's attorney accused Mountain Creek of bullying his client.

"My client brought this lawsuit because the corporate bullying and discrimination became more than any person should be expected to suffer," said Strazza in an email.

Strazza accused Mountain Creek of having "a culture of discrimination and obsession with physical appearance, all of which is endorsed by current ownership whose approach to management reeks of entitlement."