Confidential
Settlement – $260,000Court
Yolo Superior
Attorneys
Plaintiff
Robert L. Chalfant
(Cregger & Chalfant LLP)
Defendant
Carolee G. Kilduff
(Angelo, Kilday & Kilduff Attorneys at Law)
Facts
Plaintiff Vicky Mandy, an openly gay firefighter, worked for the fire department of the City of Davis for six years. She claimed that during this time Fire Chief Rose Conroy passed her over for a promotion to captain based on her gender or sexual orientation. She claimed she got the third best score on a captain's test, yet the promotion was given to a man who scored lower than she did. She also claimed that Conroy denied her tuition reimbursements, which were given to other firefighters who were not gay women. The plaintiff alleged that in June 2000, Division Chief Armando Jaramillo assaulted her by ramming his finger into her forehead three times and telling her to "Listen, listen, listen." She claimed that the force pushed her backward and caused her to hit her head against a wall. The plaintiff claimed he did this because she was a woman. The plaintiff alleged she reported the assault and made other allegations of harassment and discrimination to the City, for which she was retaliated against by Conroy and others. The plaintiff claimed Conroy chewed her out for reporting the Jaramillo incident and then told her captain and crewmates that the plaintiff had filed sexual harassment complaints against each of them. Thereafter, work became unbearable because her crew members no longer trusted her and refused to interact with her. The plaintiff resigned on Sept. 11, 2000.
Damages
The plaintiff has joined another nearby fire department and has moved up the ranks to captain. Because she eventually made more money since leaving Davis, she only had a wage loss claim of $100,000, based on her assertion that she should have been promoted to captain sooner at her former department. The plaintiff, however, claimed that the discrimination and harassment caused emotional distress, mental anguish, and pain and suffering.
Result
The Court dismissed the assault and battery claim in a summary adjudication. The City settled with plaintiff for $260,000 on the remaining claims. Defense counsel claimed that the City's insurance carrier decided to settle in order to avoid additional attorney's fees.
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