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Employment Law
Constructive Discharge
Sexual Harassment

Cecilia Romero v. Santa Maria Berry Farms, et al.

Published: Sep. 6, 1997 | Result Date: Jul. 24, 1997 | Filing Date: Jan. 1, 1900 |

Case number: SM098249 Verdict –  $52,869

Judge

Rodney S. Melville

Court

Santa Barbara Superior


Attorneys

Plaintiff

Sue N. Carrasco

Adrian S. Andrade


Defendant

Robert P. Roy


Experts

Plaintiff

Mike Radakovich
(technical)

Defendant

David E. Wilbur
(technical)

Facts

On July 4, 1995, plaintiff Cecilia Romero, a 31-year-old farm worker, and 5-year employee of Joya Roja Harvesting and Farming and defendant Santa Maria Berry Farms was constructively terminated when she refused to return to the crew of the defendant foreman, Jose Avilla, who she alleged was sexually harassing her. On July 4, the day she was suspended, she was told that the final suspension notice could be withdrawn if she went out with the harasser. The plaintiff claimed her supervisor failed to investigate and ignored her complaints of sexual harassment. The plaintiff alleged that in rejecting the harasser's overtures, he began a campaign to remove her from her employment by giving her disciplinary notices for her performance. The plaintiff alleged that she had not received any disciplinary notices for her performance until she rejected the defendant's advances. The plaintiff brought this action against the defendant based upon wrongful termination and violation of Fair Employment & Housing Authority theories of recovery.

Settlement Discussions

The plaintiff made no settlement demand. The defendants made a C.C.P. º998 offer of compromise for $7,500.

Specials in Evidence

$24,000 $70,000

Other Information

The verdict was reached approximately one year after the case was filed. A settlement conference was held on March 14, 1997 before Paul Fritz. It did not resolve the matter. A motion for attorney's fees is pending. Per the plaintiff, this was the California's first successful sexual harassment case brought on behalf of a farm worker.

Deliberation

1 day

Poll

12-0

Length

9 days


#78892

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