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Complaints against Unapologetic Foods and Tapestry Management allege sexualized and racially charged comments, unwanted physical contact, retaliation, and misuse of restaurant security cameras to monitor guests at Michelin-starred Semma
NEW YORK, August 19, 2026 | Phillips & Associates, a New York employment law firm representing employees exclusively, has filed three separate federal sexual harassment lawsuits on behalf of former Semma hosts Charlotte Swett, Tessa Tookes, and Nina Zhuo. The complaints allege sexual harassment, discrimination, retaliation, and other workplace misconduct at one of New York City’s most celebrated restaurants, including allegations that restaurant security cameras were used to monitor guests, including actress Kate Hudson.
Phillips & Associates represents restaurant and hospitality employees throughout New York in sexual harassment, retaliation, hostile work environment, and discrimination matters, including cases involving supervisors and managers who control shifts, schedules, income, promotions, and continued employment.
The lawsuits, Swett v. Unapologetic Foods LLC et al., No. 1:26-cv-06382; Tookes v. Unapologetic Foods LLC et al., No. 1:26-cv-06385; and Zhuo v. Unapologetic Foods LLC et al., No. 1:26-cv-06386, were filed on July 27, 2026, in the United States District Court for the Southern District of New York against Unapologetic Foods LLC and Tapestry Management LLC.
The complaints assert claims under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law, which together protect employees in New York from sexual harassment, hostile work environment conduct, discrimination, and retaliation.
Semma, located in Greenwich Village and operated as part of the Unapologetic Foods restaurant group, is currently recognized with one Michelin star. The complaints allege that the restaurant’s celebrated public reputation concealed a workplace where women were subjected to sexualized comments, unwanted advances, inappropriate physical contact, racially charged remarks, and retaliation after objecting or reporting the conduct.
Allegations of Managerial Power, Sexual Harassment and Retaliation
The lawsuits center in significant part on allegations involving Santo Pesantez, who served as Director of Operations for Unapologetic Foods restaurants and as interim manager at Semma.
According to the complaints, Pesantez exercised substantial authority over restaurant employees and had influence over promotions and day-to-day working conditions. The plaintiffs allege that this authority created a significant workplace power imbalance and contributed to a known and pervasive harassing workplace.
Charlotte Swett alleges that Pesantez pressured her to go out drinking after work, brought her to a strip club, made inappropriate comments, engaged in unwanted physical contact, and that she was denied a promotion after reporting his alleged conduct to a supervisor.
Tessa Tookes alleges that Pesantez began pursuing her when she first interviewed for a position at Semma. According to her complaint, he invited her to dinner immediately following her interview, pressured her to consume alcohol, introduced sexually inappropriate subjects, kissed her cheek without her consent, and ordered an Uber that she alleges appeared to have been routed toward his home rather than hers.
Nina Zhuo alleges a pattern of sexualized and inappropriate comments concerning her appearance, weight, and age that later escalated to unwanted physical contact. The publicly filed complaint also alleges racially charged references to “yellow fever.”
The allegations have not been adjudicated, and the defendants are entitled to respond to them in court.
Complaints Also Allege Misuse of Restaurant Surveillance
The lawsuits also contain unusual allegations concerning the use of restaurant surveillance systems.
According to the complaints, Pesantez allegedly accessed security cameras at Unapologetic Foods restaurants to watch female guests he found attractive. The complaints allege that this included actress Kate Hudson, whom Pesantez allegedly watched through Adda security cameras on his phone while he was working at Semma.
The complaints further allege that Pesantez monitored restaurant reservation information so that he could identify when certain guests planned to return.
For employees who already allegedly felt scrutinized by a manager with authority over their jobs, the plaintiffs contend that the alleged use of restaurant surveillance added another dimension to their concerns about privacy, workplace control, and safety.
The Women Say They Reported the Conduct to Human Resources
On January 22, 2026, Swett, Tookes, and Zhuo formally reported Pesantez’s alleged conduct to Human Resources.
The complaints allege that senior employees had already been aware of aspects of Pesantez’s behavior before the women made their joint report and that Unapologetic Foods nevertheless continued to employ him as Director of Operations.
That allegation is significant because sexual harassment cases do not always begin and end with the conduct of one manager. They may also involve questions about what the employer knew and when, how Human Resources responded, whether earlier warning signs existed, and what happened to employees after they spoke up.
“We are honored to represent Charlotte, Tessa, and Nina. Coming forward about sexual harassment is difficult in any workplace. It can be especially difficult in the restaurant industry when the person accused of misconduct has power over your shifts, your income, your advancement, and whether you continue working there,” said Brittany A. Stevens, Partner at Phillips & Associates.
“These women allege that they spoke up despite that power imbalance and that the employer already had reason to know there was a problem. They are seeking accountability for what they say happened to them.
Restaurant Sexual Harassment in New York Often Involves Workplace Power
Restaurant sexual harassment cases can involve dynamics that are particularly difficult for employees to navigate.
Managers and supervisors may exercise immediate control over schedules, shifts, sections, hours, tip opportunities, promotions, assignments, and continued employment. Restaurant work also frequently involves late hours, alcohol, after-work socializing, close physical spaces, and significant interaction between employees and managers outside traditional office settings.
That can create substantial leverage when the person engaging in alleged harassment is also the person deciding who receives the best shifts, who advances, whose hours are reduced, and who continues working.
Restaurant sexual harassment claims sometimes involve scheduling leverage. A worker may receive a better section or additional hours while a manager is pursuing a personal relationship, and may lose those same assignments after declining a date or reporting the conduct.
“Restaurant workers often tell us the same thing. They did not want to make a formal complaint, they wanted the conduct to stop, and they wanted to keep their shifts,” said Stevens.
“When a manager controls your schedule, your section, and your hours, the retaliation does not have to be a firing. It can be three fewer shifts a week. Employees do not have to wait until they lose the job before speaking with an employment lawyer.”
Restaurant culture is not a defense to unlawful harassment. Conduct does not become acceptable simply because employees are told that sexual jokes, drinking, touching, dating pressure, or inappropriate behavior are “part of the industry.”
Phillips & Associates represents restaurant workers, hospitality employees, bartenders, servers, hosts, service workers, managers, and other employees in sexual harassment, hostile work environment, retaliation, discrimination, and workplace power-dynamics cases. Read more about restaurant sexual harassment and retaliation in New York.
Phillips & Associates’ Experience Representing Employees in Sexual Harassment Cases
Phillips & Associates is an employment-only law firm that represents employees exclusively and has never represented an employer.
Since its founding in 2011, the firm has:
- Recovered more than $360 million for employees
- Recovered more than $60 million for employees in 2025
- Handled more than 9,500 employment matters
- Litigated approximately 2,000 employment cases
- Handled more than 2,000 sexual harassment matters
- Handled more than 2,000 retaliation matters
- Filed more than 2,500 EEOC charges
- Grown to 38 attorneys and more than 50 employees
Phillips & Associates is ranked by Chambers and Partners in the 2026 Chambers USA Guide for Labor & Employment: Mainly Plaintiffs in New York. The firm and its attorneys have also been recognized by Best Lawyers and Best Law Firms.
Every accepted matter is assigned to a dedicated litigation team led by a partner or senior litigator and supported by an associate attorney and paralegal. The firm handles its litigation work in-house, with its attorneys and staff working collaboratively on evidence development, witness preparation, damages analysis, negotiations, discovery, depositions, motion practice, and trial preparation.
Phillips & Associates has formally appeared before more than 110 United States District Judges and more than 70 United States Magistrate Judges and has obtained federal jury verdicts, appellate victories, and published employment-law decisions.
Phillips & Associates has litigated against more than 550 distinct management-side defense firms. That litigation record can create leverage in negotiation, and many matters are resolved confidentially, including matters resolved before a lawsuit is filed.
Employees only. Never employers.
Restaurant Workers Experiencing Sexual Harassment Can Speak With a Lawyer Confidentially
Restaurant and hospitality employees do not have to wait until they are fired before speaking with an employment lawyer.
Workers may want legal advice if they are experiencing unwanted touching, sexual comments, pressure from a manager, requests for dates or drinks, sexual messages, quid pro quo harassment, worse shifts after rejecting advances, retaliation after reporting misconduct, or concerns that Human Resources is failing to address a complaint.
Speaking with Phillips & Associates does not require an employee to file a lawsuit or immediately report an employer.
Consultations are free and confidential.
Restaurant and hospitality workers who believe a manager, coworker, or customer sexually harassed them, or who lost shifts after speaking up, can contact Phillips & Associates for a free and confidential consultation.
Call 866-229-9441 or contact Phillips & Associates online to speak with an employment lawyer about restaurant sexual harassment, retaliation, or other workplace misconduct.
Read the Filed Cases
Charlotte Swett v. Unapologetic Foods LLC et al.
Case No. 1:26-cv-06382
Tessa Tookes v. Unapologetic Foods LLC et al.
Case No. 1:26-cv-06385
Nina Zhuo v. Unapologetic Foods LLC et al.
Case No. 1:26-cv-06386
About Phillips & Associates
Phillips & Associates represents restaurant and hospitality employees who have experienced workplace sexual harassment, retaliation, discrimination, hostile work environment conduct, and abuse of workplace authority. Phillips & Associates is an employment law firm representing employees in sexual harassment, sexual assault, workplace retaliation, discrimination, whistleblower retaliation, hostile work environment, workplace relationship harassment, pregnancy and parental-leave discrimination, medical leave and accommodation, and other career-impacting workplace matters.
A significant part of the firm’s practice involves workplace power dynamics and misconduct by supervisors, executives, owners, partners, physicians, managers, and others who control an employee’s compensation, schedule, advancement, or continued employment.
The firm represents employees across New York and in other jurisdictions where its attorneys are admitted, including workers in the restaurant, hospitality, financial services, healthcare, legal, entertainment, professional services, retail, and service industries.