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Employment Law
Wrongful Termination
Sexual Harassment

Rita Ellen Hardin v. City of Concord, Byron Campbell

Published: Dec. 17, 1994 | Result Date: Nov. 16, 1994 | Filing Date: Jan. 1, 1900 |

Case number: C931297WHO –  $75,000

Judge

William H. Orrick III

Court

USDC Northern


Attorneys

Plaintiff

Linda E. Shostak

Laura V. Best


Defendant

Nancy J. Clark

Richard S. Whitmore

Peter O. Glaessner
(Allen, Glaessner, Hazelwood & Werth LLP)

Kathryn J. Burke

Gaylynn R. Kirn


Experts

Plaintiff

John L. DeMello
(medical)

Joan Gustafson-Haworth
(technical)

Robert E. Slavin
(technical)

George L. Wilkinson
(medical)

Defendant

Norman C. Roberts
(technical)

Alan R. Cole
(medical)

Donald Garnel
(technical)

Facts

Plaintiff Rita Ellen Hardin was the former City Manager of the Defendant City of Concord and in her 40's. She complained to the Defendant city that she had been the victim of sexual harassment by the former Mayor Byron Campbell; that she and others on the staff had been subjected to inappropriate touching and comments by the mayor. Defendant city conducted an investigation in 1991. In 1992, the mayor was requested to take classes in harassment (prevention) and to seek counseling. The Defendant city also asked the mayor to resign; he declined. Plaintiff's letter of resignation was submitted on October 16, 1992, alleging that she was forced to work in a hostile work environment.

Settlement Discussions

Defendant city contends that it offered $850,000 and Plaintiff demanded $1,500,000. Defendant Campbell contends that Defendants jointly offered $850,000 and Plaintiff demanded $1,600,000.

Specials in Evidence

$2,500,000 to $3,900,000

Injuries

Emotional distress.

Result

The jury found for Defendants on all counts, except that it found the city liable for breach of the covenant of good faith and fair dealing and awarded damages of $75,000; Defense verdict for Defendant Campbell on all counts (FEHA, defamation, as well as assault and battery).

Deliberation

3 days

Poll

6-0

Length

6 weeks


#104954

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