Facts

Plaintiff Robin Bongon is a biomedical engineer with Defendant employer Kaiser Foundation Hospitals at its Walnut Creek facility. While purportedly demonstrating something to Ms. Bongon on her computer relating to Lotus Notes in late January, 2009, Ron Navarra, the regional clinical technology manager for Kaiser Foundation Hospitals, physically touched Ms. Bongon's thigh in what she believed to be a sexually offensive manner. After the first touch, Ms. Bongon moved her chair away from Navarra. In response, Navarra moved in towards her again cornering her at her desk as he touched her thigh again in a sexually offensive manner. She claimed that Navarra rubbed up against her so close that she could feel his penis.

Prior to this incident and afterwards Navarra made comments about Ms. Bongon's appearance including touching her hand and stating that she needed a manicure. He stated that he would pay for a manicure for her, but his wife would be "livid." Navarra used vulgar language on another occasion and he gave her a button that said, "You are loved." On another occasion after Ms. Bongon did not attend an awards event that he organized, Navarra sent her an email message stating that he missed her at the event. On several occasions, he attempted to get her personal cell phone number and home address even though Kaiser issued cell phones for business usage to all its biomed engineers. Navarra winked and stared at her from his office, which was located directly in front of her desk. He also took photographs of her in the office without her knowledge. On another occasion, Navarra asked Ms. Bongon whom she was dating. Ms. Bongon asked for a transfer and was denied.

Ms. Bongon and her co-workers reported Navarra's conduct to the Regional Director for Northern California, Carlos Avila. For three months, Avila failed to report the compliant to HR as required by Kaiser's own sexual harassment policy. Instead of reporting the complaint immediately to HR, Avila delayed the investigation and conducted his own investigation. Avila required Ms. Bongon continue to work under the supervision of Navarra and denied her request for a shift change that she had requested so as not to be alone with Navarra for one hour per day.

Her doctor removed her from work for one month. While she was on leave, Regional Director Carlos Avila discussed the accusations with Navarra who categorically denied Bongon's accusations. Upon her return to work, Navarra stopped his sexual harassment but the hostile work environment continued. A human resources investigation found Bongon's allegations unsubstantiated. Bongon did not appeal this finding. She sued Kaiser Foundation Hospitals and Navarra for sexual harassment and hostile work environment.

Damages

Bongon sought damages for emotional distress, and loss of earnings and benefits. She remains employed by Kaiser Foundation Hospital.

Injuries

Robin Bongon sought medical treatment for severe emotional distress. Her doctor removed her from work for one month, and she had to use her earned vacation and sick leave pay for the time she was forced to take.

Result

A jury found that Navarra's conduct subjected Bongon to unwanted sexual harassment and constituted a hostile work environment. The jury then awarded Bongon $124,000, which included $84,000 for past non-economic distress; $30,000 for future non-economic distress; and $10,000 for past economic loss.

Other Information

On Oct. 22, 2012, the Court vacated the verdict in this case and ordered a new trial on two separate grounds: prejudicial misconduct by Plaintiff's attorney Marylon M. Boyd; and the Court found that the jury's verdict was against the clear weight of the evidence. Plaintiff has appealed this decision.

Deliberation

3.5 days

Length

12 days