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CONFIDENTIAL

Jan. 25, 1997

Employment Law
Failure to Hire
Sex Discrimination

Confidential

Settlement –  $147,500

Facts

On July 23, 1991, the plaintiff, was hired as an as-needed community services officer by the defendant city. The plaintiff claimed that her employment not to exceed 1,000 hours, which was disputed by the defendant. In 1992, the plaintiff applied for a permanent position as a CSO-I. On Feb. 6, 1993, the plaintiff was terminated allegedly without notice. The plaintiff had worked in excess of 1,000 hours at the time her job was terminated. The plaintiff claimed that she was repeatedly subjected to sexually discriminatory conduct by some of her superiors and supervisors while employed by the defendant. The plaintiff filed an internal affairs complaint at her place of work. The defendant city conducted an investigation. The plaintiff claimed that she complained that she was subjected to numerous inappropriate sexual jokes, that she was not provided separate facilities to change her clothes, that she was subjected to offensive sexual touching, and that she was not hired as a permanent employee because she had an internal affairs complaint. The defendant claimed that the plaintiff's internal affair's complaint alleged that she was denied to opportunity to go to physical therapy on duty, that she was assigned to less desirable work shifts, and that she was denied overtime. At or about the time the defendant city finished its internal investigation, the plaintiff's employment was terminated. The plaintiff brought this action against the defendant city based on failure to hire, sex discrimination, age discrimination and retaliation theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $200,000 (per the plaintiff) or $300,000 (per the defendant). The defendant made a C.C.P. º998 offer of compromise for $15,000.

Damages

The plaintiff sought $___________________ in damages.

Other Information

The settlement was reached approximately 11 months after the case was filed. A mediation was held on Nov. 27, 1996 before Christine Page of Gilchrist & Rutter resulting in the reported settlement.


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