Facts

Plaintiff Janeith Glenn-Davis was a police officer for defendant city of Oakland. According to the results of a spring 2001 exam, plaintiff ranked fourth in the 13 top candidates for the promotion to captain that opened up in July 2001. Plaintiff contended that of the top candidates, the number one-ranked person was passed over for legitimate reasons, numbers two and three were promoted, and plaintiff was next and she was told by the chief that she would receive the next promotion. However, after she told her superiors that she was pregnant, the chief questioned her commitment to the department. The city then claimed that a freeze was placed on promotions due to budget restraints.

The captain position reopened in March 2002. The top five candidates list had expired, and a new exam was administered. Plaintiff was denied the promotion, as the number one candidate on the new list was promoted.

PLAINTIFF'S CONTENTIONS:
The plaintiff sued pursuant to Title VII and California's Fair Employment and Housing Act. She claimed that she was discriminated against because of her gender when the police department failed to promote her. Plaintiff asserted that her captain promised her that she would be promoted to the next available captain position opening, but that she was denied the promotion because she became pregnant. Further, plaintiff claimed there was never a freeze on the position, but she was told there was because the department wanted to avoid having a new mother as captain.

DEFENDANT'S CONTENTIONS:
The defendant denied the discrimination allegations. It asserted that the chief informed plaintiff that the city manager would not permit him to promote anyone to the position due to the freeze. The city manager did not allow the position to be filled until May 2002.

Specials in Evidence

Plaintiff left the Oakland police department in October 2002 to take a job as police chief at a state university. The position paid $118,000 a year, whereas the salary she would have earned as captain of the Oakland police department would have been $143,000. She thus claimed lost earnings based on the $25,000 income difference.

Damages

Plaintiff sought an unspecified figure to cover emotional distress and damage to her reputation.

Result

The jury found for plaintiff and awarded her $2 million. Of this total, $150,000 covered past lost earnings and $1,850,000 covered emotional distress damages.

Other Information

A separate trial will be held on the issue of whether plaintiff should be made a captain in the department or awarded monetary damages for future lost earnings.

Deliberation

three days

Length

six days