Facts

In 2000, defendant Sara Lee Corp. hired plaintiffs Leo Bryant and Ronald Amey, who are both African-American, as route sales representatives. Every morning, the plaintiffs would load their trucks with bakery products at a depot in San Francisco or Menlo Park, then deliver the products to customers along their routes.

The plaintiffs filed suit against the company and two depot managers, defendants Bob Wyche and George Villareal for harassment, discrimination, retaliation, and intentional infliction of emotional distress.

PLAINTIFFS' CONTENTIONS:
The plaintiffs claimed that defendants had racially discriminated against them and harassed them ever since they were hired. They alleged that defendants routinely assigned Caucasian route sales representatives better routes than their minority counterparts. They further contended that the defendants would take profitable stops away from minority route sales representatives and reassign those stops to Caucasian employees. They alleged that defendant Wyche frequently used racial slurs, and made derogatory and offense remarks. They testified that they were offended by the way defendants' treated them, and found their workplace oppressive. They claimed that they hated going to work, and that they would meet before going to work so they could pray they would be able to get through the day without being harassed. They contended that the emotional problems caused by defendants permeated their entire life and adversely affected their relationships with family and friends. After they complained about the harassment, they contended that defendants retaliated against them.

DEFENDANTS' CONTENTIONS:
Defendant Wyche denied ever using racial slurs or making derogatory comments. The defendants contended that the alleged remarks did not constitute harassment, that they were not egregious enough to constitute a hostile work environment or give rise to an intentional infliction of emotional distress claim.

Further, the defendants pointed out that plaintiffs had not sought any psychological treatment or counseling for their claimed distress, and that the plaintiffs had remained employed by defendant Sara Lee at the time of trial.

Damages

The plaintiffs sought several million dollars in compensatory damages and punitive damages.

Injuries

The plaintiffs alleged emotional distress.

Result

Although the jury unanimously found that defendants had harassed the plaintiffs, it voted nine to three that the harassment of plaintiff Bryant was not severe or pervasive enough to create a hostile work environment. It unanimously found that the harassment of plaintiff Amey was not severe or pervasive enough to create a hostile work environment, and that plaintiffs' claims did not satisfy the requirements to sustain an intentional infliction of emotional distress claim.

Other Information

Eric McKneely and Dale Hanley, who were also route sales representatives for defendant Sara Lee were initially named as plaintiffs. Hanley later dismissed his claims, and McKneely's claims were dismissed on summary judgment. Plaintiffs' claims against defendant Villareal were also dismissed on summary judgment, and their claims against defendant Sara Lee were dismissed on a motion for a directed verdict at the close of evidence. The plaintiffs' motion for a new trial was dismissed Oct. 17, and they filed a notice of appeal.

Deliberation

2.5 days

Length

four weeks