Facts

In 2003, plaintiff Bernadette Robertson began working at defendant Pay By Touch (PBT) as vice president of human resources. In 2004, Robertson allegedly received complaints from female employees that the CEO, defendant John Rogers, had made sexual comments to them. In deposition, Rogers admitted that he made the comments but did not believe they were unwelcome or serious. Robertson stated that following these complaints, she counseled Rogers by informing him that such conduct was inappropriate and could be detrimental to the company.

Robertson also stated she expressed concerns to her supervisor, defendant John Morris, as well as the company's general counsel, that she would be terminated if she investigated Rogers. Robertson claimed that Morris made it clear he would not support her in complaints against Rogers, and subsequently complained about her work performance in vague, general terms. Robertson also stated she again raised her concern to general counsel, who offered no support.

During her employment, Robertson received at least three specific complaints from women regarding Rogers' inappropriate comments. One complaint alleged that he told a female employee that he could see her pink panties through her pants. Rogers asked if an employee had received breast augmentation and whether the employee was having an affair with a business associate. It was also reported that, while on a business trip, Rogers pressured a female employee to drink and, when she refused, he accused her of sleeping with a business associate.

Robertson also stated that Rogers would tell her to hire attractive women, who were not qualified for positions, and offer them salaries above their experience or position level. Robertson also stated she heard complaints from female employees that Rogers would stare at, and comment on, their feet and toes.

Robertson was terminated from her position in January 2007.

PLAINTIFF'S CONTENTIONS:
Robertson claimed she was terminated because of her confrontations with Rogers and Morris regarding workplace harassment.

DEFENDANTS' CONTENTIONS:
The defendants contended that the incidents of harassment were de minimus and Rogers was counseled on the subject. The defendants also argued that Robertson's termination was due to her inability to "scale the organization."

Damages

Robertson obtained employment within nine months of her termination. She sought damages for lost wages as well as pain and suffering.

Result

The parties reached a settlement.

Other Information

PBT is in bankruptcy and its insurance policy does not provide punitive damages.