Bernard Sandoval v. City and County of San Francisco, and Does 1 - 100, inclusive
Published: Nov. 10, 2017 | Result Date: Sep. 19, 2017 | Filing Date: Jun. 25, 2015 |Case number: CGC-15-546562 Settlement – $120,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
Daniel L. Feder
(Law Offices of Daniel Feder)
Defendant
Dennis J. Herrera
(San Francisco Public Utilities Commission)
Katharine H. Porter
(Office of the San Francisco City Attorney)
Ruth M. Bond
(Office of the San Francisco City Attorney)
Facts
Bernard Sandoval sued the City and County of San Francisco, involving allegations of employment discrimination.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff worked for defendant as an electrician. Plaintiff claimed that beginning in 2010, another male employee made frequent sexually oriented remarks and sexual advances towards plaintiff. The male also started making homosexual comments that, in turn, made plaintiff uncomfortable. The person complained of thereafter began touching plaintiff without plaintiff's consent. Plaintiff complained to his supervisors about the unwanted touching. A stationary engineer co-worker also complained to plaintiff about being sexually harassed by this person. Despite plaintiff's complaints to his supervisors, plaintiff claimed, they did nothing to address the hostile work environment. Plaintiff brought the conduct to the attention of his supervisor, a senior stationary engineer, and the building superintendent. Plaintiff alleged these supervisors did nothing to alleviate the situation and thought of it as horseplay. Plaintiff alleged that the hostile working environment affected plaintiff's mental health enough that his doctor placed him on a two-month stress leave. He alleged that when he returned, the same person subjected him to even more sexually harassing conduct, including among other things, leering and unwanted touching, hugging, and groping. Plaintiff felt humiliated by this person's conduct, but he alleged his supervisors did nothing to make it stop.
Fed up, plaintiff filed this lawsuit, asserting causes of action for discrimination on the basis of sex, discrimination on the basis of perceived sexual orientation, sexual harassment (hostile work environment), failure to prevent harassment, retaliation, negligence, and intentional infliction of emotional distress.
DEFENDANT'S CONTENTIONS: San Francisco denied the allegations and asserted various affirmative defenses.
Injuries
Pervasive emotional distress.
Result
San Francisco agreed to settle the dispute for $120,000.
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