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Employment Law
Sexual Harassment
Retaliation

Lydia Lopez v. Stanislaus County, Bill Pooley

Published: Jul. 31, 2010 | Result Date: Jul. 20, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 621814 Verdict –  Defense (plus costs)

Court

Stanislaus Superior


Attorneys

Plaintiff

Jeffery M. Hubins
(Schauman & Hubins)

Bill Schauman


Defendant

Alison Neufeld

Morin I. Jacob
(Liebert Cassidy Whitmore)


Facts

Plaintiff Lydia Lopez worked as a records clerk in defendant Stanislaus County Sheriff's Department (county). While employed by the county, Lopez alleged to her superiors that she was being sexually harassed by a supervisor, Bill Pooley. Lopez also alleged that she was discriminated against based on a disability. Lopez filed suit against the county and Pooley for sexual harassment and against the count alone for disability discrimination and retaliation.

Contentions

PLAINTIFF'S CONTENTIONS:
Lopez claimed that she was sexually harassed by Pooley. Lopez contended that Pooley forced her to grope him and suggested that they have on-the-job sex. Lopez contended that, after she reported the harassment, she was retaliated against. Lopez claimed that, following the filing of the complaints, she was forced out of the department while Pooley was promoted. Lopez further claimed that she suffered from depression as a result of the harassment and that the county managers refused to accommodate that depression despite her request for accommodation.

DEFENDANTS' CONTENTIONS:
The county and Pooley denied that Lopez was sexually harassed by Pooley. The county denied that Lopez was denied a reasonable accommodation for a disability. The county further denied Lopez's contention that County failed to engage in a good faith interactive process with her. Finally, the county denied that it retaliated against Lopez for complaining of sexual harassment and for making a request for an accommodation.

Damages

Lopez sought $490,000 for lost wages and emotional distress.

Result

The jury returned a verdict for the defense. On July 20, 2010, the court awarded the County $31,000 in court costs. A request for attorney fees was denied.

Length

five weeks


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