Pervasive Workplace Harassment Results In Pregnancy

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/sex harassment case and its proceedings.)

iii. The harassment was severe and pervasive, The harassing conduct by Plaintiff’s supervisor is severe and pervasive enough to alter the terms and conditions of employment. There is a different standard applied with the harassment comes from a supervisor. When it is a supervisor, a hostile work environment can be created by one singular remark. Dee v. Vintage Petroleum. Inc., (2003) 106 Cal. App. 4th 30. Further, repeated use of profanity against an employee, in conjunction with even one remark about the protected class by a supervisor gives rise to a hostile work environment claim. Id. at 35-37. As set forth above, over the course of a few days she was repeatedly attacked, yelled at, cursed at, and numerous comments were made directly about her pregnancy. Because of the comments she became stressed out, developed cramps and bleeding and had to go on bed rest on two separate occasions.

PLAINTIFF HAS AMPLE EVIDENCE TO DEMONSTRATE A TRIABLE ISSUE OF FACT ON HER PUNITIVE DAMAGE CLAIMS

Evidence that a defendant acted with discriminatory intent and evidence of pretext provide sufficient basis to find that defendants acted with malice and oppression. Cloud v. Casey, (1999) 76 Cal.App.4th 895, 911. Further, evidence that a defendant tried to cover up the illegal reason with a false explanation also supports a finding of malice and oppression. Id. at 911. In other words, the same evidence that Plaintiff was fired in retaliation for her complaints of harassment/accommodation requests and because of her pregnancy is ample evidence to show malice and oppression. Plaintiff incorporates sections B & C where she lays out the retaliation and discrimination claims including all the pretext to support each claim.

In other words, the same evidence that Plaintiff was fired in retaliation for her complaints of harassment/accommodation requests and because of her pregnancy is ample evidence to show malice and oppression. Plaintiff incorporates section B & C where she lays out the retaliation and discrimination claims including all the pretext to support each claim.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.