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Employment Law
Sexual Harassment
Hostile Work Environment

Alonda Austin v. City and County of San Francisco, Juvenile Justice Center, Kevin Whitson, Sean Loucks, and Does 1 through 50, inclusive

Published: Aug. 21, 2020 | Result Date: Jun. 23, 2020 | Filing Date: Jul. 26, 2018 |

Case number: CGC-18-568423 Settlement –  $240,000

Judge

Garrett L. Wong

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Barbara A. Lawless
(Lawless, Lawless & McGrath)


Defendant

Gina M. Roccanova
(Jackson Lewis PC)

David Mehretu
(Meyers, Nave, Riback, Silver & Wilson)

Geoffrey R. Gordon-Creed
(Gordon-Creed Kelley Holl & Sugerman LLP)

Ruth M. Bond
(Office of the San Francisco City Attorney)


Facts

Alonda Austin worked as a counselor for the San Francisco Juvenile Justice Center, where she received raises and underwent annual performance reviews. Austin was later moved to Maximum Security Unit 7 in the Juvenile Justice Center where she worked alongside another counselor, Kevin Whitson. Austin, the only female counselor in Maximum Security Unit 7, eventually made complaints about sexual harassment from Whitson. Austin eventually sued the City and County of San Francisco Juvenile Justice Center and Whitson after being moved from Maximum Security Unit 7 and denied a promotion.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants were aware of Whitson's record of sexual harassment but ignored plaintiff's complaints when he pressed her breast, pushed her against the wall with his back, and pinched and poked her arm over her objections. Plaintiff also contended that she was removed from her position under the pretext of inappropriate comments defendants wrongfully alleged plaintiff made to a juvenile in her care. Plaintiff further contended that defendants' allegations were unsubstantiated given the juvenile's record and plaintiff's history with defendants. Plaintiff further contended that defendants intentionally denied her a promotion in retaliation for her complaints as evinced by a lesser qualified counselor with less seniority and favorable numbers than plaintiff. Plaintiff also contended that defendants subjected her to a hostile work environment in violation of the applicable law.

DEFENDANT'S CONTENTIONS: Defendants denied the contentions.

Result

The parties entered a $240,000 settlement agreement.


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