Lynn Noyes v. Kelly Services Inc.
Published: May 17, 2008 | Result Date: Apr. 8, 2008 | Filing Date: Jan. 1, 1900 |Case number: 2:02-cv-02685-GEB-CMK Verdict – $6,547,170
Court
USDC Eastern
Attorneys
Plaintiff
Defendant
E. Joseph Connaughton
(Paul, Plevin, Sullivan & Connaughton LLP)
Experts
Plaintiff
John D. Hancock
(John D. Hancock Law Group PLLC)
(technical)
Rick Rossi
(technical)
Facts
In April 2001, Lynn Noyes, plaintiff, was a software developer for Kelly Services in Nevada City. Noyes, along with three other employees, was considered for the position of Software Development Manager, which would have been a promotion for Noyes if she got the position. William Heinz, the manager, belonged to a group, the Fellowship of Friends. Instead of promoting Noyes to the position, Heinz promoted Joep Jilesen, another member of the Fellowship of Friends. Noyes, who was not a member of the Fellowship, sued Kelly Services, defendant, for religious discrimination.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff argued she was not promoted for the position because she was not a member of the Fellowship of Friends. She argued that this constituted religious discrimination in violation of Title VII and California's Fair Employment and Housing Act. The plaintiff also alleged intentional infliction of emotional distress, but the claim was dismissed before trial.
DEFENDANT'S CONTENTIONS:
The defendant argued that Heinz promoted an employee who was more qualified, and whose membership in the Fellowship of Friends had no impact on the decision. The defendant also argued the Fellowship was not a religious group.
Settlement Discussions
Plaintiff demanded $750,000. Defendant offered $300,000.
Damages
The plaintiff sought $59,983 in past economic damages, $70,391 in future economic damages, as well as damages for emotional distress and punitive damages.
Injuries
The plaintiff claimed emotional distress at not being promoted, because she had joined Kelly Services with the hope of becoming a manager and spent seven years to get her MBA.
Result
The jury found in plaintiff's favor, finding that Noyes' non-membership in the Fellowship was a motivating factor in not promoting her for the management position. She was awarded $6,547,134, which included $500,000 for emotional distress and $5.9 million for punitive damages.
Deliberation
three hours
Poll
8-0
Length
four days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390