Facts

Plaintiffs Constance Tovar and Victoria Gacitua were employed by defendant Bank of America at a branch located in Woodland Hills. Tovar worked for Bank of America for about 32 years and five months as of October of 2000 where Gacitua had worked for about 16 years and four months at such time. Both plaintiffs were assigned a new manager in October of 2000 by the name of Ellie Nabili. Plaintiffs alleged that Nabili, during the next five and a half months the plaintiffs were working for the bank, tried to force both to retire. Nabili told the plaintiffs that retirement was a good thing for people their age, that the branch they worked at had employees who were "too old" and "too slow" and that the branch was in need of "young blood."

In May of 2001, the plaintiffs were both terminated by the bank. The plaintiffs brought claims for wrongful termination, age discrimination, age harassment and breach of implied contracts not to terminate for good cause. The trial judge granted a motion for directed verdict as to all but one claim, including the claims for punitive damages, based on the court's findings that there was no implied contract, the termination was not wrongful, Ellie Nabili was not involved in any way with the terminations at issue, and there was no clear and convincing evidence of malice, fraud, or oppression. The jury returned a verdict on the age harassment claims only.

CONTENTIONS:
Both plaintiffs contended they were intentionally harassed by their direct manager Ellie Nabili over a period of approximately five and a half months.

Settlement Discussions

Case was mediated twice without success.

Damages

General damages for major depression, anxiety, loss of confidence, hurt, embarrassment, loss of interest, etc.

Result

Plaintiffs' verdict for a combined $1.6 million on age harassment causes of action under FEHA, the sole claim that the jury decided.

Other Information

Plaintiffs will be bringing a motion for attorney's fees under FEHA. Plaintiffs will appeal the court's order directing a verdict for defendant on the wrongful termination claims as plaintiffs contend that they submitted numerous different types of evidence that Ellie Nabili was involved in the decision to fire both plaintiffs, including admitting to a co-worker of the plaintiffs 11 days before they were fired that she "was going to make sure that they lost their jobs." Defendant will seek judgment notwithstanding the verdict, or a new trial, through post-trial motions or appeal.

Deliberation

one day

Poll

12-0

Length

21 days