PLAINTIFF'S CONTENTIONS:
Plaintiff Luz Hessler claimed that in September 2008, she was injured at work due to her manager slamming a door on her knee. Plaintiff believed this was part of the ongoing harassment and discrimination in the workplace due to her Mexican accent and heritage. Plaintiff claimed her main harasser, prior to and after the door-slamming incident, was her co-worker and co-defendant Raquel Paxton. Plaintiff took off work due to her knee injury.

When plaintiff returned to work in July 2009, she was provided with psychological restrictions to avoid a hostile work environment as well as harassment in the workplace. She was further provided with orthopedic restrictions due to her knee injury. Plaintiff claimed the harassment got worse, especially because Paxton convinced her co-workers to believe that she was faking her orthopedic injury and resultant disability. Paxton's supervisor, Tedora Goga, testified and provided numerous write-ups and warnings given to Paxton and additionally forwarded to the department manager.

Plaintiff claimed the county did not discipline nor properly investigate the allegations of harassment or discrimination for a period of three years. Plaintiff claimed the county did not stop the harassment and allowed Paxton to continue to harass plaintiff and others in the workplace. Plaintiff argued that Paxton was given at least 50 verbal or written warnings surrounding the way she was treating plaintiff and other co-workers. Plaintiff also claimed the county caused her to finally stop working in April 2012, because it never properly accommodated her restrictions.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was the aggressor. Though the supervisor testified about the ongoing harassment, she stopped working in 2011 and therefore there was no evidence of any additional harassment within the statutory period of time to have properly filed a claim. Further, defendant contended that plaintiff was returned to work with the alleged main harasser, defendant Paxton, because they were unaware that any restrictions were in place.

Settlement Discussions

Defendant never provided any formal offer of settlement other than an acceptance of a mediator proposal before trial.

Specials in Evidence

$9,000 $200,000

Damages

Plaintiff argued for pain and suffering and loss of approximately $200,000 worth of earnings. As her treatment was covered by workers' compensation, only her out of pocket expenses were alleged as damages.

Result

Verdict for the plaintiff on her racial discrimination and harassment and disability discrimination and harassment claims, and her continuing violation doctrine, hostile work environment, and disability discrimination-disparate treatment. Plaintiff was awarded $154,040 in damages.

Other Information

Plaintiff was awarded $1.28 million in attorney fees. FILING DATE: April 12, 2013.

Deliberation

three days

Length

eight days