Facts

Noelle Harnahan was hired in 1998 to co-host a radio show with Dennis Bernstein on 94.1 KPFA based out of Berkeley. Harnahan had a journalism background. The show would provide a forum for Harnahan and Bernstein to have political discussions. During the time they co-hosted the show together, Harnahan and Bernstein had problems getting along. This eventually resulted in Harnahan being taken off the air.

Subsequently in 2002, Pacifica Foundation, which owned the station, fired Harnahan. Harnahan filed a lawsuit against Pacifica Foundation, Bernstein and Jim Bennett, the station's manager, alleging wrongful termination and sexual harassment. Against Pacifica Foundation, the complaint stated causes of action for retaliation, violation of the state Fair Employment and Housing Act and negligent and intentional infliction of emotional distress. Against Bernstein and Bennett, Harnahan alleged retaliation and negligent and intentional infliction of emotional distress. Against Bennett individually, Harnahan alleged negligent retention.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that defendant Bernstein sexually harassed her through intimidation and inappropriate comments and hindered her ability to further her career. Further, the plaintiff claimed that defendant Pacifica Foundation was aware of Bernstein's behavior based on similar incidences with prior female employees and was therefore responsible for negligently retaining Bernstein. When the plaintiff shared her concerns with defendant Bennett, he informed her that she should not complain because doing so would only aggravate the situation. In addition, Bernstein attempted to intimidate the plaintiff into leaving the station by threatening to make it difficult for her to work there. He claimed he had overcome similar claims in the past.

DEFENDANT'S CONTENTIONS:
The defense took the position that the plaintiff and Bernstein did not get along but that was mostly due to the argumentative nature of the show and not due to any conduct specific to Bernstein. In addition, the defense argued that the plaintiff was fired because her attitude offended station employees.

Result

The parties settled for $125,000.