Facts

In 1989, plaintiff Margaret Dufresne commenced her employment with defendant city of Hayward. In April 1990, plaintiff was promoted to the position of building inspector. She was the first woman in the city to hold that position. Plaintiff resigned two years later. She filed a lawsuit, alleging sexual harassment and retaliation.

PLAINTIFF'S CONTENTIONS:
For several years, plaintiff was subjected to sexual harassment by male building inspectors who displayed resentment toward her. At meetings, male inspectors would ignore and insult her. Further, she underwent verbal humiliation over the radios used by city workers, and at one point, she found a pair of bloody underwear in her work truck. The director of community and economic development ignored plaintiff's requests for help. Moreover, in 2001, plaintiff filed a workers' compensation claim based on stress resulting from continued discrimination and harassment. Her claim was accepted.

Defendant city also retaliated against plaintiff because she would not support the hiring of a building inspection manager.

DEFENDANTS' CONTENTIONS:
Defendant city denied plaintiff's claims, asserting that she would react in an unreasonable manner to her job evaluations. According to the testimony of her former co-workers, plaintiff was anti-social and would alienate those around her.

Specials in Evidence

Plaintiff sought $294,164.

Damages

Plaintiff sought $500,000 to cover past and future emotional distress damages.

Result

The jury determined that plaintiff was sexually harassed, which resulted in a hostile work environment. She was awarded $472,389. Her retaliation claim was rejected.

Deliberation

two days

Poll

12-0 (on sexual harassment); 9-3 (that harassment caused harm); 12-0 (rejecting retaliation)

Length

two months