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| Disposition:
(Settlement/Arbitration/Trial) |
Settlement |
Date: |
4/16/1993 |
Type of Case: |
Employment/Discrimination |
Allegation(s): |
Sexual Harassment and Retaliation |
Result: |
$400,000 |
Case Name: |
Jane Doe v. John Roe, John Zoe and Company |
Facts: |
The plaintiff, a 27-year-old female employed as a sales representative for a national company, experienced numerous occasions of sexual harassment and discrimination from August of 1990 until February of 1993. Defendant, John ROE, also a sales representative, was assigned by John ZOE, a sales manager, as plaintiff's training supervisor. Defendant ROE was given free reign to supervise the plaintiff, and plaintiff claimed he used his position to verbally and physically harass her.
Plaintiff claimed that defendant ROE persistently harassed her and that she was afraid to report the harassment because defendants ROE and ZOE appeared to have a long-standing business relationship and because ROE allegedly threatened her with the loss of her job. Plaintiff claimed that the harassment continued for better than six months. Then, defendant ROE sent plaintiff a poem entitled "Angel." She showed the poem to Defendant ZOE. He told her she should just ignore it.
Plaintiff claimed that after she showed the poem to defendant ZOE, the harassment continued and increased. Plaintiff made additional comments about the harassment to defendant ZOE to no avail. She then contacted corporate headquarters in February. After the situation was reported to corporate headquarters, the company began an investigation into the allegations, but a lawsuit was filed before the investigation was complete.
Plaintiff claimed that at the time she reported the harassment, she was one of the top sales reps and that after she reported her claim, service to her customers (by the Company) deteriorated, and an impossible sales quota was assigned to her. Plaintiff also contended that early in her employ her commission structure was reduced because of her sex.
Plaintiff sought counseling for emotional problems allegedly stemming from the harassment. In February of 1993, she was referred to a psychiatrist and left her employment at the recommendation of the psychiatrist. The plaintiff was diagnosed as being disabled, with major depression resulting from the alleged harassment and retaliation.
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| Injury/Injuries: |
Emotional distress and economic damages.
Past medicals: $2,500
Future medicals: $20,000
Lost income: $18,000-$150,000
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| Contentions: |
Plaintiff contended that defendant ROE sexually harassed, discriminated and retaliated against her and that the Company and defendant ZOE discriminated and retaliated against her in violation of the California Fair Employment and Housing Act (FEHA).
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| Special Notes: |
The plaintiff demanded $599,000 per C.C.P. §998. The defendant offered $40,000, which was later raised to $150,000. The case went to a voluntary mediation. The mediator recommended $400,000.
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