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Employment Law
Race Discrimination
Hostile Work Environment

Morris v. Infocus

Published: Sep. 9, 2003 | Result Date: Dec. 9, 2002 | Filing Date: Jan. 1, 1900 |

Case number: GIC778386 Verdict –  $1,500

Judge

Geary D. Cortes

Court

San Diego Superior


Attorneys

Plaintiff

Patrick L. Hosey


Defendant

Amy W. Findley
(Law Offices of Amy Wintersheimer)


Experts

Plaintiff

Diana De Walt
(technical)

Facts

The plaintiff, a black male, alleged racial harassment by a black female co-worker and white female supervisor. The plaintiff alleged racial harassment. The plaintiff contended he was being called racially derogatory terms every day, including "nigger." The employees, supervisor and company either knew of, or should have known of the offensive conduct and failed to take reasonable and appropriate corrective action. The defendant company denied all of the plaintiffÆs allegations. The defendant contended that the work environment was such that the conduct was not unwelcome. Furthermore, there was no reporting of the alleged harassment and no opportunity for the company to respond.

Specials in Evidence

$0

Injuries

Emotional distress.

Result

The co-worker, and alleged harasser, was found liable for harassment in the amount of $500 and the company was found liable for failing to take responsible and appropriate corrective action in the amount of $1,000. The individual supervisor was dismissed by nonsuit.

Other Information

Both parties filed post trial motions seeking awards of costs as a prevailing party. The plaintiff also requested attorneyÆs fees, which motion was denied. The plaintiff was awarded costs against the company and against the individual co-worker. The dismissed individual supervisor was also awarded costs. The verdict was reached approximately one year and two months after the case was filed.

Length

five days


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