Cherub Berlanga v. Willow Grove School District
Published: Oct. 23, 2010 | Result Date: Oct. 6, 2010 | Filing Date: Jan. 1, 1900 |Case number: CU-09-00100 Verdict – $200,000
Facts
Plaintiff Cherub Berlanga was employed as a school teacher with defendant Willow Grove School District at a school that employed one teacher, Ms. Berlanga, and one teacher/principal.
Berlanga was in her second year of employment with the school district when she announced in November 2008 that she was pregnant. In March 2009, the school district chose to not re-elect her. Because she was not re-elected, her employment ended in July 2009. Because of the state budget crisis, plaintiff has not obtained new employment.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she was terminated because the school district did not want to provide her pregnancy leave and that soon after announcing her pregnancy, two of the school district board members made negative comments about her need for pregnancy leave. She claimed there was no valid reason to not re-elect her and that she was an excellent teacher who received high performance evaluations.
At the board meeting where plaintiff's non re-election was announced, the parents of 15 of plaintiff's students spoke out, saying they wanted plaintiff retained.
DEFENDANT'S CONTENTIONS:
Defendant contended that no board member ever made negative comments about plaintiff's need for pregnancy leave. Defendant claimed that the board chose to non-reelect plaintiff because they wanted to reclassify the tenured teacher/principal as a teacher only and hire a new teacher/principal to improve the school. The tenured teacher/principal would remain as the teacher, leaving the school with no position for Berlanga.
Settlement Discussions
Defendant's highest settlement offer was $5,000.
Specials in Evidence
$50,000 $120,000
Result
Plaintiff's verdict for $200,000 ($170,000 economic; $30,000 non-economic).
Other Information
Plaintiff intends to seek statutory attorney fees on both claims.
Deliberation
two hours
Poll
12-0 (sex discrimination and California Pregnancy Disability Leave Law)
Length
three days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390