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Employment Law
Gender Discrimination
Constructive Discharge

Donna Lee Lewis v. State of California Department of Corrections

Published: Jan. 17, 1998 | Result Date: Sep. 24, 1997 | Filing Date: Jan. 1, 1900 |

Case number: 119665 Verdict –  $0

Judge

Roger G. Gilbert

Court

Butte Superior


Attorneys

Plaintiff

Robert L. Davis
(Collinsworth, Specht, Calkins & Giampaoli LLP)


Defendant

George E. Washington
(Washington & Washington)


Experts

Plaintiff

Lewis Quimby
(technical)

Kent R. Caruso
(medical)

Joyce Quaytman
(technical)

Eleanor Ann Calvert
(technical)

Lawrence Slavin
(technical)

Linda L. Mendoza
(medical)

Defendant

Barry Ben-Zion Ph.D.
(technical)

Roy Curry
(medical)

Facts

Plaintiff Donna Lee Lewis, was a 59-year-old parole officer employed by the State of California's Chico Parole Office. The plaintiff alleged her supervisor discriminated against her during her employment from 1988 until 1995. In 1992, plaintiff complained, and an investigation ensued which substantiated some, but not all of her gender discrimination complaints. Plaintiff received counseling from 1991 to 1995. In the Spring of 1995, she took a 2-month leave of absence due to work-related stress. Defendant reported that a few days before her projected return to work, plaintiff announced her intention to commit suicide in her supervisor's presence. The plaintiff went to the Chico Parole Office but was prevented from entering and was subsequently committed to Butte County Mental Health. Plaintiff received a disability retirement. The plaintiff brought this discrimination action under the Fair Employment and Housing Act.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $450,000, lowered to $200,000 during the first week of trial. The defendant made a C.C.P. º998 offer of compromise for $50,000.

Specials in Evidence

$400,000 plus retirement

Damages

The plaintiff claimed loss of income, her disability retirement from the date of her early forced retirement to age 65. She also claimed the difference in retirement from age 65 for the balance of her life expectancy. This totaled approximately $450,000.

Injuries

The plaintiff claimed she suffered from depression and post-traumatic stress syndrome caused by the hostile work environment.

Other Information

The verdict was reached approximately one year and nine months after the case was filed. Settlement conferences were held in July 1997 before Hon. Thomas W. Kelley of Butte Superior Court.

Deliberation

four hours

Poll

11-1

Length

18 days


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