Facts

Plaintiff Erma Alaniz, a 56-year-old office manager, worked at Robert M. Peppercorn, M.D., Inc., a dermatology clinic located in Yuba City for 12 years. On July 19, 2005, she was fired.

From January to May, Alaniz complained about Peppercorn's conduct, which she considered was inappropriate, constituted harassment, and created an uncomfortable work environment for her and fellow co-workers. Peppercorn's conduct in regards to the perceived relationship with a female colleague named Tiffany Rasberry contributed to this situation.

Midway through July, Rasberry departed from the business. Approximately one month later, Alaniz's employment was terminated. Alaniz brought an action against Peppercorn and the clinic pursuant to Title VII of the Civil Rights Act of 1964, as well as the California Fair Employment and Housing Act.

PLAINTIFF'S CONTENTIONS:
Alaniz claimed that she suffered months of sexual harassment, gender discrimination and retaliation as a result of voicing her concerns regarding the relationship between Peppercorn and Rasberry. The only the claim that survived after the others were dismissed was the retaliation claim against the clinic.

DEFENDANT'S CONTENTIONS:
The defendants contended that Alaniz was fired based on reasonable concerns subsequent to Rasberry's departure, as she was informing her co-workers that she would quit and was accepting interviews for other positions. The defense also contended that plaintiff was involved in confrontations with others at work.

Settlement Discussions

A demand was made. An offer $125,000 was returned. Plaintiff's counsel opposes disclosure of settlement terms.

Damages

The plaintiff claimed that she was earning around $70,000 per year at her job and that the new job she found paid minimum wage, which took her six to eight months to obtain. She found yet another job where she earned around $46,000 each year. She left that job and relocated to Texas in Feb. 2007. Alaniz claimed she was owed $407,000 in past and future lost earnings, unspecified amount for emotional distress as well as punitive damages. The defense claimed that Alaniz suffered no damages following her move to Texas.

Injuries

Alaniz claimed that she suffered emotional distress.

Result

The jury found in favor of Alaniz on the retaliation cause of action and awarded her $116,032. However, the jury found that there was no violation of Title VII. Post-trial, Peppercorn appealed the state action and Alaniz filed a motion for attorney fees and costs.

Deliberation

1.5 days

Poll

8-0

Length

three weeks