Sherry Jean Parks v. City of Oakland, Port of Oakland and Does 1 through 10, Inclusive
Published: Apr. 9, 2011 | Result Date: Feb. 14, 2011 | Filing Date: Jan. 1, 1900 |Case number: RG07361568 Verdict – Defense
Court
Alameda Superior
Attorneys
Plaintiff
Jean K. Hyams
(Vinick Hyams LLP)
Darci E. Burrell
(Burrell Kagin Law LLP)
Defendant
Experts
Plaintiff
Laura Pilnick
(medical)
Anthony E. Reading Ph.D.
(medical)
Defendant
Randall B. Aiman-Smith
(Aiman-Smith & Marcy PC)
(medical)
Facts
Sherry Parks worked as a plumber for the Port of Oakland beginning in 2001. She was the only female plumber on staff and was openly lesbian. In 2003, she began making sexual harassment, sexual-orientation harassment, and gender bias complaints to her managers. Her complaints included unfair distribution of job assignments and hostile work environment.
Parks filed a complaint against Port of Oakland and the City of Oakland for retaliation, gender harassment, and sexual harassment under the California Fair Employment and Housing Act (FEHA).
The City was voluntarily dismissed after the Port agreed it was Parks' employer.
Contentions
PLAINTIFF'S CONTENTIONS:
Parks contended that her managers subjected her to numerous disciplinary actions after her complaints and that her managers were determined to fire her before she had ever received any discipline. She also complained that she received increased scrutiny and surveillance. One of her managers filed a workplace grievance against her within a week of making a complaint about the same managers' use of sexually derogatory language in the workplace.
DEFENDANTS' CONTENTIONS:
Defendants contended that Park was a poor employee and received warnings and opportunities to correct her behavior. Further, they contended that any and every disciplinary action taken against her was for legitimate business reasons.
Damages
Parks sought payment for a three-month stress leave and an additional 25 days of unpaid leave. She also sought unspecified damages for emotional distress and psychological treatment.
Injuries
Emotional distress.
Result
All of Parks' claims except for retaliation were dismissed via summary judgment. The jury returned a complete defense verdict and found no retaliation.
Deliberation
one day
Poll
12-0
Length
six weeks
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