Facts

Medro Johnson worked for Sears Home Improvement Products and its parent Sears Holdings Corp. ("Sears") as a project consultant selling home improvement products. On Aug. 24, 2008, while at a Sears barbeque, Paul St. Hilaire, another Sears salesmen, allegedly said to Johnson, who was with his wife and children, "Medro calls me masta," in "slave dialect," and then started laughing.

On Oct. 23, 2008, when Johnson confronted St. Hilaire about the racial slur, St. Hilaire allegedly said, "I'll get you and you won't see it coming."

PLAINTIFF'S CONTENTIONS:
Plaintiff reported the racial slur and threat to management. Management's response was to threaten Johnson that if he took his complaints to HR, Sears' typical response was just to terminate both parties. Plaintiff contended that this intimidated him and stopped him from complaining any further. Plaintiff contended that St. Hilaire, the 24th biggest producer in the country out of 1,500 project consultants, was protected by management who received bonuses or "overrides" from St. Hilaire's production. St. Hilaire was not terminated, disciplined or trained.

On Dec. 2, 2008, Sears had annual training in their Sacramento offices. Plaintiff contended that during a series of breaks, St. Hilaire bashed Johnson with his shoulder three times and called him the "N"word. The final bash into Johnson's chest also splashed his hot coffee all over him. Plaintiff contended that when Johnson looked up, St. Hilaire was leaning in for what appeared to be a fourth attack that day. Johnson finally reacted with a single defensive jab. Johnson submitted a detailed report to management and HR covering all these events.

Result

The jury rendered a verdict in favor of Johnson and awarded him $5.2 million.

Deliberation

eight hours

Length

one month