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CONFIDENTIAL

Apr. 18, 1998

Employment Law
Sexual Harassment
Retaliation

Confidential

Settlement –  $140,000

Mediator

Deborah Rothman

Court

American Arbitration Association


Attorneys

Plaintiff

William G. Cort


Defendant

Angel Gomez


Facts

The plaintiff in this case was a manager in the defendant's 400+ employee company and had been employed with the defendant since 1987. In 1994, the defendant hired a female manager in another department. Six months later, the plaintiff complained to the CEO of the company that the female manager was sexually harassing him. The CEO investigated and, while finding no evidence of harassment, counseled both to avoid interacting with one another. Weeks before his September 1994 termination, the plaintiff was sent by the CEO to a three-week, out-of-state training program. Shortly after his return, the plaintiff lost his temper in a meeting and insulted another employee, for which he was required to apologize. The CEO then suggested that the plaintiff take some time off from work. When the plaintiff returned to work he was terminated. The plaintiff brought this action based on breach of oral agreement not to terminate without good cause, hostile environment sexual harassment under FEHA and retaliatory termination for having complained of sexual harassment.

Settlement Discussions

The plaintiff made a settlement demand for $350,000. The defendant made no initial settlement.

Specials in Evidence

$___________ $___________

Injuries

The plaintiff alleged emotional distress.

Other Information

The defendant's motion for summary judgment was granted by the trial court and reversed on appeal. The case had been set for trial on Feb. 23, 1998. MEDIATION: A mediation was held on Feb. 6, 1998, before Deborah Rothman, resulting in the reported settlement.


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