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Employment Law
Retaliation
Racial Harassment and Discrimination

Elisa Lopez v. City of Beverly Hills, Gregory Routt, and Does 1 through 100, inclusive

Published: Jun. 27, 2015 | Result Date: Jun. 3, 2015 | Filing Date: Jan. 1, 1900 |

Case number: BC513593 Verdict –  $1,000,000

Court

L.A. Superior Central


Attorneys

Plaintiff

William W. Bloch
(William W. Bloch & Associates)

Martin R. Berman
(Law Office of Pflaster & Berman)

Michelle R. Friedman


Defendant

Julie W. O'Dell

Donald L. Samuels
(Polsinelli PC)


Experts

Plaintiff

Jubin Murati
(technical)

Lester M. Zackler M.D.
(medical)

Scott Barer
(technical)

Defendant

Annette M. Swain
(medical)

Facts

Plaintiff Elisa Lopez is an employee of the City of Beverly Hills, working in its parking enforcement department since 2001.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff, who is Mexican-American, claimed her supervisor racially harassed her. Plaintiff claimed that her supervisor defendant Gregory Routt operated a racist website in plain view. Plaintiff claimed that in April 2011, after she filed a complaint to her manager and to Human Resources, she was subjected to sustained discrimination and retaliation, and was demoted from a supervisory position.

In response to plaintiff complaining about continuing harassment, discrimination and retaliation, plaintiff claimed, her manager threatened her job.

DEFENDANTS' CONTENTIONS:
Defendants claimed that plaintiff was a poor supervisor who brought all of the workplace ostracism on herself or she misperceived all of the mistreatment. The city also emphasized that she only made a claim of harassment three days after she was being questioned about her breach of confidentiality regarding a performance review of a subordinate.

The city claimed it did not retaliate against plaintiff. The city claimed that defendant Gregory Routt's website was just one of several websites he was using to try to "monetize" the internet and he discussed these things in the workplace with the consent of subordinates in an effort to develop critical thinking. Defendants claimed plaintiff was not offended by the website.

Settlement Discussions

Defendant offered $200,000 in a CCP 998 offer shortly before trial, which was rejected by plaintiff.

Injuries

Plaintiff claimed she suffered severe emotional distress, leading to major depression and an anxiety disorder.

Result

The jury found in favor of defendants on the discrimination and harassment claims, but found in favor of plaintiff for retaliation, and awarded her $1 million.

Other Information

Defendants' motion for summary judgment was denied two months before trial. Plaintiff's request for equitable relief is pending. Plaintiff intends to file a memorandum of costs, and motion for attorney fees. FILING DATE: June 28, 2013.


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