Church Sexual Harassment Case Settled

Los Angeles - A former South El Monte parochial school employee settled her lawsuit that alleged she was sexually harassed by a church pastor.

Alma Burciaga filed suit in October 2009 against the Los Angeles archdiocese -- under its legal name, the Roman Catholic Archbishop of Los Angeles -- and the Rev. Antonio Esteban.

The case was scheduled for trial Monday, but defense attorneys filed papers three days ago with Los Angeles Superior Court Judge Rolf M. Treu stating the case had been resolved. No terms were divulged and the lawyers could not be immediately reached.

Burciaga, who began working as a janitor and cook at the Epiphany Catholic Church school in January 2007, alleged Esteban spanked her on the buttocks when she walked near him and hugged her "in a sexual manner that was offensive" to her.

When Burciaga complained to a supervisor, the boss told her to "endure the harassment and hopefully in time Father Esteban would stop harassing" her, according to her court papers.

Burciaga was later placed on medical leave by her doctor. The physician gave her permission to return last year, so long as she did not have to work around priests so she could continue her recovery, but the archdiocese refused to reinstate her, according to her suit.

In July, Treu sided today with archdiocese attorneys who maintained that religious organizations cannot be sued under the state's Fair Employment and Housing Act and that Burciaga's claims should be barred under that theory.

A FEHA claim would have allowed Burciaga to seek a higher damage award, said her attorney, Antonio J. Gonzalez.

Treu said that Burciaga could proceed with her allegations under a civil rights violation theory, which puts a cap on damages, according to the lawyer.