Virginia Pansacola v. Malaysia Airlines, et al.
Published: Apr. 1, 2006 | Result Date: Feb. 8, 2006 | Filing Date: Jan. 1, 1900 |Case number: CV045944 Verdict – $237,537 ($213,767 against Malaysia Airlines and Tabrani; $23,770 against Gulam)
Judge
Court
USDC Central
Attorneys
Plaintiff
Toni J. Jaramilla
(Toni Jaramilla APLC)
Dan L. Stormer
(Hadsell, Stormer, Renick & Dai LLP)
Defendant
Brian J. Mills
(Snell & Wilmer LLP)
Daniel S. Rodman
(Snell & Wilmer LLP)
Facts
Plaintiff Pansacola was an accounting secretary for Malaysia Airlines. Her office was located at LAX. Defendant Gulam became plaintiff's supervisor in June, 2003. On Jan. 13, 2004, plaintiff filed a written sexual harassment complaint with respect to defendant Gulam. On Jan. 19, 2004, plaintiff was reassigned to an off-site cargo unit. On Jan. 23, 2004, Malaysia Airlines concluded plaintiff's claim was groundless. On Feb. 27, 2004, plaintiff was terminated from her job.
Contentions
PLAINTIFF CONTENTIONS:
The plaintiff contended she had been sexually harassed by defendant Gulam in the form of sexual and romantic advances, sexual comments, innuendos and jokes. In addition, the plaintiff alleged that defendant Gulam sexually assaulted her by giving her unwanted hugs. The plaintiff also contended that defendant Malaysia Airlines' investigation into plaintiff's complaint was intended to intimidate the plaintiff and her witnesses by, for example, firing plaintiff's female supervisor who provided supportive information for plaintiff, having its own attorney present on Malaysia Airlines' behalf during questioning of plaintiff and her witnesses, providing defandant Gulam an attorney to consult with prior to his questioning while denying the plaintiff's request to have her own attorney present during her questioning, and failing to institute an effective policy and training regarding sexual harassment in the workplace. The plaintiff further contended that the day after defendant Malaysia Airlines was notified that the plaintiff intended to sue for discrimination and sexual harassment, the plaintiff was terminated from her job.
DEFENDANT CONTENTIONS:
Defendant Gulam denied sexually assaulting the plaintiff. Defendant Malaysia Airlines contended the plaintiff's complaint was not credible and that the plaintiff had lied under oath with respect to speaking with her female supervisor during their investigation of her allegations, and denied the plaintiff's contention of intimidation. The defendant also contended that the plaintiff failed to follow company policy by not reporting alleged acts of harassment within seven days of the incidents.
Settlement Discussions
No settlement offers by defendants.
Other Information
Unanimous federal jury verdict against Gulam. Verdict against Malaysia Airlines and Tabrani in the amount of $213,767. The jury awarded $13,700 in economic damages; $0 in emotional distress and $10,000 in punitive damages. The plaintiff's attorneys awarded all attorney's fees and costs. The defendants will appeal punitive damages awards.
Deliberation
one day
Length
seven days
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