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CONFIDENTIAL

Oct. 19, 2004

Employment Law
Retaliation
Gender Discrimination

Confidential

Settlement –  $175,000

Court

San Francisco Superior


Attorneys

Plaintiff

Julian T. Lastowski


Defendant

Sallie P. Gibson


Facts

Joyce Vanman, a carpenter, worked at the Laguna Honda Hospital operated by the city and county of San Francisco. Vanman claimed that in 1996, she was subjected to sexually-offensive remarks and hostile acts by the male lead carpenter on the site. Vanman claimed that although she reported the harassment to her supervisors and the personnel office, Laguna Honda management and San Francisco's Equal Opportunity Commission did not adequately investigate her claims or take action. Vanman also claimed that after two years of harassment and inaction by the management, she brought her complaints to San Francisco's Civil Service Commission. This resulted in the transfer of her harasser. As a result, she suffered direct retaliation by her managers. Vanman claimed she was subsequently denied a promotion to lead carpenter and the position was given to a male provisional carpenter. Vanman pursued her grievance through arbitration. The arbitrator found that the director of plant services and her supervisor engaged in retaliation and discrimination against her. Vanman was made lead carpenter, but alleged she was denied perks related to the position. She also had offensive remarks directed at her by the director of plant services at a company picnic. Vanman asserted that by late 1999, preferential treatment of the replacement male carpenter was ongoing and that management would not intervene in the discrimination and retaliation directed at her. In October 2000, Vanman sued the city and county of San Francisco, alleging gender discrimination, harassment and retaliation. The defense contended that the first incident of alleged harassment occurred in 1996 and was barred by the statute of limitations. It also argued that the plaintiff's claims that were not barred did not constitute harassment, discrimination or retaliation.

Damages

The plaintiff claimed damages for emotional distress and attorney fees.

Result

$175,000 mediated settlement

Other Information

The city and county of San Francisco filed a motion for summary judgment which was granted. The ruling was overturned on appeal. Before trial, the case was settled at a mediation with retired Judge Rebecca Westerfield.


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