Facts

The plaintiff claimed that her immediate supervisor engaged in acts, which amounted to sexual harassment discrimination against her.

The plaintiff claimed that when she complained to the Human Resources department at the city, she was told that her supervisor would be "spoken to" by the manager; however, there was no investigation of her complaints, nor any discipline of the supervisor.

After this complaint went unheeded, the supervisor escalated the frequency and intimacy of text messages he sent to the employee's private cellular phone, outside the regular hours of the business day. Given the fact that her previous complaint to Human Resources had gone unheeded, the plaintiff suffered in silence and the harassment continued and increased unchecked.

Later, while attending an employee conference, the supervisor put his hand down the inside of the plaintiff's pants. Although the plaintiff was able to pull his hand away, and she was able to "shield" herself by maneuvering to keep another employee between her and her supervisor for the remainder of trip, his harassment continued that evening again by cell phone, when he sent a text message stating that he wished to commit a further sexual battery upon her person.

It was only when plaintiff was interviewed in relation to a complaint alleged against the same supervisor by another employee, and confirmed this supervisor's continuing harassment against her, that the employer began to investigate the supervisor's activities, ultimately resulting in his termination.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendants' conduct constituted a hostile environment under FEHA and that defendant employer is strictly liable for its supervisors' conduct..

DEFENDANT'S CONTENTIONS:
The defendants claimed that it terminated plaintiff's supervisor, denied that the first complaint to Human Resources alleged sexual harassment, and maintained that plaintiff was not harmed.

Result

The case settled for $300,000 during mediation with Hon. Michael Brenner, retired.