Max Taylor v. Nabors Drilling USA LP
Published: May 19, 2012 | Result Date: Mar. 29, 2012 | Filing Date: Jan. 1, 1900 |Case number: 56-2011-00393016-CW-WT-VTA Verdict – $160,000
Court
Ventura Superior
Attorneys
Plaintiff
Allen B. Felahy
(Felahy Employment Lawyers)
Defendant
Micah K. Nilsson
(Dowling Aaron Inc.)
Daniel K. Klingenberger
(LeBeau Thelen, LLP)
Experts
Plaintiff
Michael D. Rosen CPA
(technical)
Facts
Almost immediately upon being hired by defendant Nabors Drilling USA, LP, plaintiff Max Taylor alleged that his supervisors, Joe Mason and Jaime Mendez, sexually harassed him. Plaintiff alleged that he repeatedly complained to his supervisors about their unwelcome conduct. Despite everyone on his work crew telling him "not to make a big deal out of it," he finally reported it to the Nabors' Human Resources department. After receiving plaintiff's complaints against his supervisors, plaintiff contended that Nabors took weeks to initiate an investigation. Defendant contended that they investigated the matter for over two weeks. The investigation, which was entirely carried out by an outside private investigator, concluded that Mason had indeed sexually harassed plaintiff. Mason's employment was immediately terminated. Thereafter Nabors issued plaintiff the first of three disciplinary write-ups. These write-ups, issued over the course of a five-week period, were Nabors stated reason for plaintiff's termination.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he was sexually harassed by his supervisors and subjected to discrimination based on his sex and perceived sexual orientation. Further, when plaintiff reported this unlawful conduct, Nabors retaliated against plaintiff by terminating his employment.
Plaintiff claimed that Mason told plaintiff "let me jack off on your face," constantly referred to Taylor as a "fag," claimed that plaintiff had a "gay porn career," and posted plaintiff's headshot picture with a circle drawn around his mouth inside the company's outhouse with the words "give me the money shot" inscribed on it.
DEFENDANT'S CONTENTIONS:
Nabors denied that plaintiff's termination was the result of his complaints of harassment, and alleged that it took prompt corrective action upon receiving plaintiff's complaints. Nabors contended that none of plaintiff's fellow crew members corroborated plaintiff's allegations.
Result
The jury deliberated and thereafter returned into court with its verdict that plaintiff was entitled to judgment against Nabors Drilling USA LP as to harassment by a supervisor in the amount of $160,000 with interest thereon at the rate of ten percent (10 percent) per annum from the date of the verdict until paid. The jury concluded that plaintiff was not terminated in retaliation for his complaint.
Other Information
Defendant's motion for JNOV and motion for new trial has been denied.
Deliberation
five hours
Length
10 days
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