Facts

A supervisor in the Orange County Public Defender's office sent a sexually explicit text/GIF to his female subordinate, plaintiff Glenda Mendoza. He waited 10 minutes for a response and then called telling her it was meant for a friend and to delete it (He later claimed during the investigation and at trial that it was meant for his wife). The following months, the supervisor began to intimidate Mendoza with comments like, "you're not capable of doing the job" and "I'm not an asshole, but it doesn't mean I can't be if needed." About three months after receiving the message, Mendoza reports the supervisor to Human Resources.

Instead of hiring a third party to conduct the investigation, the Public Defender's office conducted the investigation themselves. At one point, County EEO office said the "investigation would be closed, but not considered thorough" and "this is the first time an agency went against the direction of the EEO office." The top County Human Resources employees called a meeting with former Public Defender Sharon Petrosino in November 2018. Two days later, Petrosino sent out an email stating that Mendoza was "not a trustworthy reporter," to make careful note of what she says, and to have witnesseswhile talking to her. Petrosino sent the email to all of Mendoza's supervisors and cc'd Mendoza on the email. Mendoza worked a couple more weeks and then resigned while on her pre-planned vacation.

PLAINTIFF'S CONTENTIONS: Mendoza claimed she was constructively terminated. Mendoza presented three claims to the jury: hostile work environment harassment, retaliation and whistleblower retaliation.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Specials in Evidence

Loe: $237,854

Damages

$750,000 past emotional distress, and $250,000 future emotional distress.

Result

Verdict for $1,237,854

Deliberation

two days

Poll

12-0

Length

nine days