Facts

The plaintiffs are a 52-year-old former deputy public defender, a 42-year-old current deputy public defender, and a 45-year-old administrative office supervisor for the Solano County Public Defender's Office.

Beginning in March 2006, the plaintiffs complained to management about a fellow deputy public defender who was creating a hostile work environment based on sexual harassment. The offensive behavior included the constant use of sexually inappropriate commentary regarding other employees, reference to other's body parts and critiques of co-worker's sexual inadequacies.

Based upon the plaintiffs' complaints of retaliation, the county engaged an outside investigator who concluded that in four of the eleven allegations of retaliation, the county's policy against retaliation had been violated.

PLAINTIFF'S CONTENTIONS:
The plaintiffs contended that the county of Solano, through their agent and department head, Jeff Thoma, had failed to remedy a hostile work environment based upon gender and had retaliated against the plaintiffs for making complaints about the gender harassment.

The sexual harasser was a good friend and ally of Public Defender Jeff Thoma. Thoma refused to take any immediate action to remedy the hostile work environment. Rather, Thoma engaged in a series of retaliatory acts against the plaintiffs, including transfer to less desirable work assignments, transfer to geographically undesirable assignments, and divesting one plaintiff of her supervisory role.

DEFENDANT'S CONTENTIONS:
The defendant contended that while some behavior and comments were inappropriate, they were not unwelcome, but rather part of the typical "gallows humor" that permeates the Public Defender's office.

The defendant also contended that Thoma had legitimate business reasons for making the personnel decisions that affected the plaintiffs.

Damages

The plaintiff sought compensation for the mental and emotional distress of being forced to work in a hostile work environment and being retaliated against by the department head, Jeff Thoma.

Result

The parties settled for $610,000.