Facts

Plaintiff Mitchell Dion, 57, was the General Manager of Rincon del Diablo Municipal Water District from March 2007 until he resigned in November 2012. His employment officially ended Jan. 2, 2013. Dion sued his former employer, and Rincon Board member/Director Diana Towne, claiming constructive discharge and unwanted sexual conduct.

PLAINTIFF'S CONTENTIONS:
Dion reported receiving a gift of red satin devil horns from Towne when the two were alone following an evening Board meeting, to the District's Human Resources Manager the next day. He contended that following his report and opposition to Towne's conduct, that she and the District subjected him to unlawful retaliation, including constructively discharging him.

Dion also claimed that Towne blackballed him (California Labor Code section 1050) by publishing misrepresentations to prevent his employment elsewhere in California's tight-knit water agency circles.

DEFENDANT'S CONTENTIONS:
The Water District and Towne denied all claims, claiming that Towne had never engaged in inappropriate conduct and that Dion had never lodged a complaint until just before he resigned for his new job and demanded money. Defendants argued that plaintiff lost his new job after 18 months and is part-time employed.

Further, the district claimed it had never engaged in any retaliatory acts. In addition, Towne claimed she never communicated anything about Dion after he resigned that prevented him from obtaining employment.

Settlement Discussions

Plaintiff demanded $975,000, reduced to $199,000 at the commencement of trial. Defendant offered $5,000 with indications it may increased to $10,000.

Damages

Plaintiff claimed lost past and future earnings, benefits, and emotional distress. Dion claimed past and future economic and non-economic damages. Plaintiff asked the jury for $108,920 for past loss of earnings, and $110,900 for future loss of earnings, plus non-economic damages.

Injuries

Dion and his spouse claimed Dion suffered physical, emotional and mental hardships preceding and after his job separation in 2012.

Result

Defense verdict as to both the Water District and Towne. The jury found for Dion on having reported or opposed unwanted verbal or physical conduct of a sexual nature by Towne.

Other Information

A mediation was held without success. INSURER: ACWA-JPIA for both defendants. FILING DATE: Oct. 11, 2013.

Deliberation

one hour

Poll

(11-1) for defense finding no adverse action, and (12-0) on blackballing claim; (12-0) for plaintiff on his opposing unwanted sexual conduct

Length

five days