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Employment Law
Retaliation
California Government Code Section 12940(a)

Capitola Sommer v. Edward D. Jones & Co., L.P.

Published: Dec. 13, 2008 | Result Date: Mar. 24, 2008 | Filing Date: Jan. 1, 1900 |

Case number: 06-04852 Arbitration –  $202,140

Court

Arbitration Forum


Attorneys

Claimant

Richard J. Papst


Respondent

Joseph B. Adams
(Bassi, Edlin, Huie & Blum LLP)


Facts

Respondent Edward D. Jones & Co., L.P employed claimant Capitola Sommer in 2000 as an investment agent. After pursuing a sexual harassment complaint with her supervisor, Sommer claimed she was told that "she may have brought the incident on herself" and that the harasser was given only a verbal warning. After complaining about the discrimination and attempting to resolve issues, Sommer was eventually given a written warning and finally resigned.

Contentions

CLAIMANT'S CONTENTIONS:
The claimant asserted that her employer, Edward D. Jones & Co., L.P., committed harassment pursuant to California Government code section 12940(a) and retaliation pursuant to California Government Code section 12940(f).

RESPONDENT'S CONTENTIONS:
Respondent denied all allegations.

Damages

The claimant demanded damages for harassment and retaliation. She also sought compensatory damages for claimed loss as a result of humiliation, mental anguish, and emotional distress. Claimant also requested punitive damages, costs, attorney fees, and other proper relief. The respondent demanded that the claimants' allegations be dismissed with prejudice and that the respondent be given costs and attorney fees.

Result

Edward D. Jones & Co., L.P. was found to be at fault and required to pay Sommer compensatory damages amounting to $141,875, reimbursement for costs amounting to $7,795, and attorney fees amounting to $52,470.

Other Information

ARBITRATORS: Mark S. Priver, Jerry Eliner, Howard Emirhanian.


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