Confidential
Settlement – $2,000,000Court
Contra Costa Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
Experts
Plaintiff
Craig Pratt
(technical)
Facts
This was an action brought by eight female technicians ranging in age from 34-57 against their HMO employer, claiming hostile work environment based on sexual harassment and retaliation. The plaintiffs' claims included a long history of sexually inappropirate actions on the part of two co-workers, one female and one male. The plaintiffs made many attempts to have their managers curtail the offensive behavior; however, they were unsuccessful. When the plaintiffs finally complained formally through the Department of Fair Employment and Housing, the defendant conducted an investigation that resulted in, among other things, disciplining three of the plaintiffs for violating the HMO's policies against sexual harassment for using offensive language and not complaining earlier about the offending co-workers' behavior. The defendants claimed that although the behavior of the offending co-workers was hostile, it was not a gender harassment. The defendants further claimed that they took appropriate disciplinary action against the offenders and claimed that, contrary to plaintiffs' allegations, no one had complained to management regarding the offending behavior until the DFEH complaints were filed.
Settlement Discussions
The plaintiffs made an early demand for $2.5 million, inclusive of statutory attorneys fees. The defendant offered $100,000.
Injuries
All eight plaintiffs claimed emotional distress and were treated by various health care providers.
Other Information
A mediation held on Sept. 27, 1999, resulted in the reported settlement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390