Facts

Plaintiff was a vice president and senior trial counsel at Fidelity National Title Group Inc. She sued defendants following her termination, bringing claims for intentional infliction of emotional distress; harassment; discrimination based on gender, pregnancy and a medical condition; and retaliation. Trial proceeded against Fidelity National Title Group Inc., Fidelity National Financial Inc., and Fidelity National Law Group after the other defendants were dismissed.

PLAINTIFF'S CONTENTIONS:
Stepp contended that when she returned to work after giving birth, her boss was hostile and uncooperative when she requested accommodations so she could pump breast milk in private. She was pregnant again and lost that baby in August 2011 and again in February 2012. Stepp claimed that her supervisors devised a reason to terminate her, ultimately deciding to blame it on her work performance. In August 2012, Stepp was terminated from her position without warning. Stepp contended that she was discriminated against and terminated due to her pregnancy and for taking some time off following the loss of two subsequent pregnancies. She also contended that when she returned to work her bosses were uncooperative and refused her requests for an accommodation so that she could pump breast milk in private. Plaintiff asserted claims for intentional infliction of emotional distress, harassment, discrimination based on gender, pregnancy and a medical condition, and retaliation.

DEFENDANTS' CONTENTIONS:
Fidelity denied that it would not authorize the installation of a lock on her office door and claimed that it went above and beyond the statutory requirements for such accommodations. Further, Fidelity submitted evidence at trial from the building management company that all offices in Fidelity's suite were equipped with locks as of 2005.

Plaintiff dismissed her harassment claim during trial. Further, plaintiff dismissed her claims for discrimination based on disability/medical condition prior to trial.

Settlement Discussions

Stepp made a demand for $750,000 and defense offered $400,000.

Damages

Stepp sought general, compensatory and punitive damages.

Injuries

Stepp claimed emotional distress including disgrace and anxiety.

Result

The jury found for Stepp on her emotional infliction of emotional distress claim and determined her damages were $1,173,849, which included $365,833 in past economic loss, $191,600 in past mental suffering, $239,166 in future economic loss, and $377,250 in future emotional distress. The jury returned a defense verdict on the pregnancy discrimination, gender discrimination and retaliation claims.

Other Information

The defense moved for judgment notwithstanding the verdict because it claimed that the jury erroneously awarded Stepp damages on claims for which it returned a defense verdict. The defense's JNOV and post-trial motions were denied by the trial judge. Having prevailed on the underlying claims for FEHA violations, according to defense, there is insufficient evidence as a matter of law on which to base the verdict for intentional infliction of emotional distress. Defendants claimed that the verdict would not withstand appeal given the abundance of published authority from the appellate and California Supreme Court holding that termination decisions, in the absence of any violation of public policy, cannot give rise to liability for IIED. Plaintiff's emotional distress claim is subject to workers' compensation exclusivity. Further, the jury awarded damages for lost past and future earnings and loss of home value, which Stepp and her experts attributed to her termination and not her emotional distress claim. Defendants will argue before the Court of Appeal that the award should be reduced by those amounts. Plaintiff has filed a cost memo for an additional $125,000. MEDIATORS: Jeff Krivis (1st day), Mike Young (2nd day). FILING DATE: Aug. 6, 2013.