Facts

Plaintiff Doreen Betson worked for the Rite Aid Corporation in various stores through Jan. of 2009. In all, she worked for the defendant corporation for over 20 years. In her last position as a shift supervisor, she injured her knee on the job while walking down some stairs while on the job. She required medical treatment, including surgery, and needed a CFRA leave and time off to recuperate. Shortly after the accident, Betson alleges that manager began harassing her in various ways including derogatory remarks, and an allegedly false suspension based on a alleged claim that she had engaged in a fraudulent refund. Betson continued to work in her capacity, with moderate restrictions, for defendant but was terminated due to an allegedly false allegation of engaging in a fraudulent refund.

The trial court summarily adjudicated Betson's wrongful termination and retaliation claims, her age harassment claim, as well as her punitive damage plea. Plaintiff proceeded to trial on her disability harassment and related failure to accommodate claims as well as defamation. The jury found for plaintiff on her harassment claim for a total verdict of $500,000, after the jury was told that Betson could not recover economic damages of lost wages on her harassment claim.

PLAINTIFF'S CONTENTIONS:
Plaintiff contends that her disability caused harassment and ultimately her termination as well. Plaintiff will appeal the grant of MSA of her wrongful termination, retaliation and punitive damage claims.

Settlement Discussions

Defendant made no offer to plaintiff pre-trial.

Result

Plaintiff verdict on disability harassment claim in violation of FEHA. Defense verdict on FEHA claims for failure to accommodate and failure to engage in the interactive process as well as defamation.

Other Information

Plaintiff will be filing a motion for attorney's fees and expert fees pursuant to FEHA's fee shifting provision in California Government Code 12965. Defendant is examining post-trial options.

Deliberation

two days

Length

11 days