Facts

For over 21 years, claimant Blanca Ramirez worked as a kindergarten teacher for respondent Good Shepherd Lutheran School, which is a part of Lutheran Church of the Good Shepherd. She worked approximately 50 hours per week and did not receive overtime pay.

From 2008 to 2009, a co-worker named Angel Maza allegedly sexually harassed claimant. He pressed his erect penis against her, grabbed her breasts, made obscene gestures with his mouth, and made several inappropriate comments to her.

Claimant reported the sexual harassment to the church president, school principal, and church pastor. Other staff members had also complained about Meza's behavior. Subsequently, claimant was asked to leave the school and her contract was not renewed.

CLAIMANT'S CONTENTIONS:
Claimant contended that the president, principal, and pastor buried claimant's complaints of sexual harassment and hid it from the church council – an elected body responsible for conducting such investigations. Their secrecy was motivated by the fear that such a scandal would decrease tuition and embarrass the school.

RESPONDENT'S CONTENTIONS:
Besides arguing liability, respondents argued that claimant was not entitled to overtime pay under the ministerial exception to Title VII.

Settlement Discussions

Claimant request mediation on three occasions. All requests were denied. During arbitration, claimant demanded $667,000. Respondents made a CCP 998 offer for $25,000, 10 days before the arbitration began.

Injuries

Claimant was diagnosed with major depression and post-traumatic stress disorder. Claimant claimed she has been unable to work since her last day at Good Shepherd. Claimant also claimed loss of wages.

Result

$15,000 against Angel Meza for sexual battery, battery and assault. $129,799 against Lutheran Church for unpaid overtime; $34,584 for retaliation under Title VII; $50,000 for emotional distress (statutory cap); $45,260 for past and future income.

Other Information

Post arbitration, claimant's attorney received a fee award of $324,563; costs of $5,746; and prejudgment interest of $8,729. Judgment totaled $483,836. FILING DATE: July 10, 2009.