Personal Injury Lawyer Blog
The following blog entry is written to illustrate an example of a sexual harassment case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)
Cameron claimed Damian would grope her, call her demeaning epithets, and tell her that “men were superior to women.” She further alleged that Damian propositioned her for sex by giving her a condom and inviting her to come back to his place. She claimed that Damian would throw pens at her, kick a trash can across the room, and yell that he wanted to “blow the place up.” She also alleged that her director, Jeremy, was aware of the harassment and failed to prevent it.
Cameron also claimed that she had complications from back surgeries, and chest surgeries related to an infection. She alleged that Damian would mock her because of the leave she took from PB. She claimed that when she returned to work early after one of her leaves of absence, even though she still had severe back pain, Jeremy belittled her by saying, “You remind me of last Halloween when you came dressed as an old lady.”
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Plaintiff’s counsel also noted that from 2005 through 2008, several supervisors and employees reported Damian’s conduct to Human Resources during their exit interviews. Human Resources did not conduct any additional investigations and did not separate Damian from Cameron.
Plaintiff’s counsel played video clips of Damian’s testimony to the jury, in which he denied any wrongdoing and said PB had not disciplined him for his alleged mistreatment of Cameron.
The defense claimed that Damian was reprimanded even though Cameron did not want him to be warned or fired. Representatives from PB’s Human Resources Department testified that Cameron was given all the time off she requested for medical leave. The defense argued that Cameron and Damian were “friends” and all of the conduct between them was “friendly banter.”
SUMMARY:
RESULT: Verdict-Mixed
Award Total: $192,500
The jury unanimously found hostile work environment – sexual harassment against PB and Damian. The jury further unanimously found that PB failed to prevent the harassment. The jury awarded Cameron $182,500 against PB and Damian and $10,000 only against Damian for punitive damages.
The jury did not find Jeremy personally liable, nor any disability harassment against her. A directed verdict was issued in Jeremy’s favor on the claim of intentional infliction of emotional distress.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.