Confidential
Settlement – $60,500Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Susan Updegrove
(medical)
Nir Lorant
(medical)
Facts
From 1991 to August 1994, the plaintiff, a 29-year-old phlebotomist and EKG technicican, was employed full time by the defendant as a clinical laboratory assistant. The plaintiff alleged that from January 1993 to July 1994, she was sexually harassed by her co-worker, also a defendant in this action. The plaintiff alleged that in February 1993, she complained to her shift supervisor regarding the defendant's conduct directed towards her. No action was taken by the defendant employer in response to the plaintiff's complaints. The plaintiff continued to complain to co-workers regarding the defendant's behavior from March 1993 to approximately December 1993. In December 1993, the plaintiff alleged that she complained to another supervisor outside of her department. The plaintiff alleged that the supervisor receiving her complaint forwarded her complaint to the plaintiff's immediate supervisor in December 1993. In late December 1993, the plaintiff confronted the co-employee defendant at work and told him that his behavior was offensive and requested that he stop immediately. In February 1994, a supervisorial meeting was held in response to continuing reports of defendant's inappropriate and harassing conduct directed toward the plaintiff and others. The plaintiff's immediate supervisor attended the meeting. After the meeting, the defendant employer circulated a memorandum outlining its policy against sexual harassment. Sexual harassment training sessions were held. No further action was taken by the defendant employer at that time and no investigation of the plaintiff's complaints was undertaken until late August 1994. The investigation conducted by the employer continued through September 1994. In September 1994, the plaintiff was transferred from her position as a laboratory technician to a clerical position in another department as a "temporary transfer" while the investigation was ongoing. The results of the employer's investigation concluded that the plaintiff's complaints against her co-employee were corroborated by several other employees. As a result of the investigatory findings, on Dec. 29, 1994, the co-employee defendant was suspended from his position for a period of three working days. The employer found that the co-employee defendant had violated rules regarding conduct unbecoming an employee and had violated the employer's policy against sexual harassment. The plaintiff brought this action against the defendants based on sexual harassment and infliction of emotional distress theories of recovery.
Settlement Discussions
The settlement discussions were not disclosed.
Injuries
The plaintiff claimed that as a result of the harassment and the actions taken by her employer, she suffered an aggravation of her previously diagnosed recurrent depression to the extent that she now suffers from major depression from which a recovery is doubtful. The plaintiff also claimed that as a direct result of the harassment, she exacerbated her pre-existing chronic fatigue syndrome. The plaintiff also claimed that as a result of her complaints to her employer, the employer retaliated by transferring her from her job as a laboratory assistant to a clerical position in another department, while the individual defendant remained at his chosen position as a laboratory assistant.
Result
The individual defendant settled for $500 and a letter of apology prior to trial. The employer settled for $60,000, after pre-trial motions were heard and prior to jury selection.
Other Information
The settlement was reached approximately two years and eleven months after the case was filed. A settlement conference was held on Oct. 2, 1996 before Judge Allan Meyer. It did not resolve the matter.
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