Amber Deem v. Costco Wholesale, Israel De Los Santos
Published: Dec. 24, 2010 | Result Date: Feb. 19, 2010 | Filing Date: Jan. 1, 1900 |Case number: 1271790 Verdict – Defense
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Facts
Amber Deem and Israel De Los Santos were employed by Costco Wholesale Corp. in its Santa Maria warehouse. Deem was the Tire Center Supervisor from June 2007 until January 2008. In January, Deem reported to Costco's administrative manager that Santos, a subordinate employee, had allegedly told another employee he was sleeping with her to get better hours. After Costco investigated the report, Santos was transferred out of the Tire Center in February. Deem took a medical leave of absence beginning on Jan. 30.
Contentions
PLAINTIFF'S CONTENTIONS:
Deem filed suit against Costco and Santos alleging sexual harassment. Deem contended that Santos made repeated sexual comments about female customers, as well as herself, and about Deem sleeping with co-workers. Deem further claimed that she reported his behavior to managers before and after becoming a supervisor, and had been harassed daily for over a year. Deem contended that she suffered emotional distress and Costco's failure to take appropriate action made it impossible for her to work since January.
DEFENDANT'S CONTENTIONS:
Santos denied making any of the sexual comments alleged. Management at the warehouse further contended that Deem did not complain about the alleged conduct until Jan. 20, 2008, and that Santos was disciplined and transferred after the investigation.
Damages
Deem sought damages of $115,000 for lost wages, plus damages for future lost wages and emotional distress.
Result
The jury rendered a verdict for the defense.
Deliberation
three hours
Length
two weeks
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