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Employment Law
Constructive Discharge
Race and National Origin Discrimination

Sharon Rodrigues v. Bayer Corporation

Published: Dec. 29, 2007 | Result Date: Aug. 10, 2007 | Filing Date: Jan. 1, 1900 |

Case number: RG04146510 Bench Decision –  Defense

Court

Alameda Superior


Attorneys

Plaintiff

John F. Henning III

Lawrence D. Murray


Defendant

Cara Ching-Senaha

Mitchell F. Boomer
(Jackson Lewis LLP)


Facts

Defendant, Bayer Reference Testing Laboratory (BRTL), is a licensed clinical laboratory that performs laboratory tests, researches, develops products, and provides training on Bayer products. To be a "Clinical Laboratory Scientist" and supervise a lab at Bayer, the person must be licensed and accredited. Bayer hired plaintiff, Sharon Rodrigues, as manager for the Technical Training Group for Bayer's Nucleic Acid Group (NAD). Rodrigues was not licensed. She was promoted to "Customer Technical Support" (CTS) manager on a temporary basis. Bayer said Rodrigues' performance as manager was unimpressive. In 2002, Bayer acquired Visible Genetics Inc. and eliminated several managerial positions. Rodrigues was initially considered for a promotion as Director of NAD customer service but was placed in her old position. Rodrigues was eventually terminated for low performance.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff contended she was discriminated against because of her national origin of Pakistani and she claims all managerial positions are held by white people. She also contends she was harassed.

DEFENDANT'S CONTENTIONS:
The defendant contends that plaintiff was fired because of her bad attitude after she was not promoted and for her poor performance.

Damages

$2,500,000 past and future wage loss and for emotional distress.

Injuries

Emotional distress.

Result

Defense verdict.


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