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Employment Law
Gender Discrimination
Wrongful Termination

Debra Ward, Patricia Tapia v. City of San Jose, et al.

Published: Jul. 14, 2012 | Result Date: Jun. 13, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 1-11-CV-203561 Settlement –  $395,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Sanford M. Cipinko
(Law Offices of Sanford M. Cipinko)

Angela M. Alioto
(Law Offices of Joseph L. Alioto and Angela Alioto)


Defendant

Christian B. Nielsen
(Office of the San Jose City Attorney)

Christian B. Nielsen
(Office of the San Jose City Attorney)

Shannon Smyth-Mendoza


Facts

Debra Ward and Patricia Tapia worked for the City of San Jose's Fire Dept. as fire captains. Both sought promotions to battalion chief in 2009, but did not receive the promotions. They filed suit against the City, alleging gender bias.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Chief William McDonald did not give them promotions, and instead gave promotions to less-qualified males. Plaintiffs claimed that McDonald only said that they were "not ready" for a promotion, the promoted firemen had personal connections to McDonald, and that their superiors informed Plaintiffs that their subjective interview evaluations were given more weight in considering Plaintiffs or promotions. Further, Tapia claimed that she was discriminated against because she was a Latina single mother.

DEFENDANT'S CONTENTIONS:
Defendant declined to admit wrongdoing.

Settlement Discussions

Plaintiff demanded $1,500,000 at mediation.

Result

Defendant agreed to pay $395,000.

Other Information

FILING DATE: June 21, 2011.


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