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Employment Law
Retaliation
Race Discrimination

Karen Clopton v. California Public Utilities Commission, Michael Picker, Carla J. Peterman, Liane M. Randolph, Martha Guzman Aceves, Clifford Rechtschaffen, and Does 1-15

Published: Jun. 25, 2021 | Result Date: Jul. 24, 2020 |

Case number: CGC17563082 Settlement –  $1,500,000

Judge

John K. Stewart

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Daniel M. Siegel
(Siegel, Yee, Brunner & Mehta)

Jane E. Brunner
(Siegel, Yee, Brunner & Mehta)


Defendant

Suzanne Solomon
(Liebert, Cassidy & Whitmore)


Facts

Karen Clopton, a chief administrative law judge, was terminated from her position at the California Public Utilities Commission (CPUC). Clopton had cooperated with investigators who were looking into the CPUC for its response to a Pacific Gas & Electric Co. gas pipeline explosion and into conflicts of interest involving employees of PG&E contacting CPUC commissioners and staff, allegedly in order to influence judicial selections. Clopton also complained of racial bias by her employer. Clopton claimed that when CPUC learned of her cooperation with investigators, she was terminated. Clopton sued the CPUC; the president of the commissioners, Michael Picker; and Commissioners Martha Guzman Aceves, Carla Peterman, Liane Randolph and Clifford Rechtschaffen. Clopton alleged whistleblower retaliation and racial discrimination.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that she suffered adverse employment actions and she was wrongfully discharged for engaging in protected activities. Plaintiff contended defendants fired her for cooperating with state and local investigators into PG&E. Plaintiff contended that defendants were upset with her for not promoting Executive Director Timothy Sullivan's appointment of a judge candidate, Michael Colvin. Plaintiff contended she was retaliated against for promoting and advocating for actions to address racial bias at the CPUC.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendants contended it did not retaliate against plaintiff for her cooperation in the investigation. Defendants contended that the investigator found that plaintiff was using bullying, intimidation, and retaliation tactics towards her staff. Defendants contended as a result of findings by the investigator, plaintiff received a deficient review and was terminated.

Specials in Evidence

Plaintiff contended she suffered from lost earnings as a result of being wrongfully terminated.

Injuries

Plaintiff also claimed she suffered emotional distress as a result of the incidents.

Result

The case settled for $1,500,000.


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