Sean Robb v. Starbucks
Published: Mar. 31, 2007 | Result Date: Oct. 1, 2006 | Filing Date: Jan. 1, 1900 |Case number: GIC845112 Verdict – $250,000
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Catherine Conway
(Gibson Dunn & Crutcher LLP)
Facts
Plaintiff Sean Robb, age 19, worked for a coffee shop in San Diego operated by defendant Starbucks. He claimed that the assistant manager, defendant Michael Sewell, age 28, harrassed him because he is gay.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendant Sewell, six feet three inches tall, called plaintiff, who is five foot seven inches tall, a "little bitch." Sewell repeatedly ground his groin into plaintiff's backside, constantly leered at plaintiff, and made the comment, "I'd hit that" about make customers on numerous occasions. He would also ask him if he had dates with males.
Further, defendant Starbucks failed to stop the sexual harassment and wrongfully terminated plaintiff after he complained of defendant Sewell's conduct. Plaintiff was advised that defendant Sewell had not violated the company's anti-harassment policy, even though he had treated other male employees in a similar inappropriate manner. According to a store manager for defendant Starbucks, defendant Sewell would look at males lustfully. He also boasted about his sexual abilities. Ten other employees testified at trial about defendant Sewell's actions.
Plaintiff experienced serious mental anguish and emotional distress as a result of defendants' conduct.
DEFENDANTS' CONTENTIONS:
Defendants disputed plaintiff's claims. Further, plaintiff's lawsuit was not filed within the applicable statute of limitations period. Moreover, plaintiff failed to establish sufficient evidence to recover punitive damages. He was also an entry-level at-will employee who could be terminated at any time without cause.
Damages
Plaintiff claimed unspecified damages.
Result
Plaintiff was awarded $250,000 in punitive damages, later reduced by the court to $142,000, and $7,500 for emotional distress and mental suffering.
Length
three weeks
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