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CONFIDENTIAL

Nov. 28, 1998

Employment Law
Sexual Harassment
Retaliation

Confidential

Settlement –  $1,333,000

Judge

Jean E. Matusinka

Court

L.A. Superior Torrance


Attorneys

Plaintiff

Barbara F. Hadsell
(Hadsell, Stormer, Renick & Dai LLP)

Virginia Keeny


Defendant

Jon G. Miller
(Littler)

Jeffrey Swedo


Experts

Plaintiff

Monica Ballard
(technical)

Anthony E. Reading Ph.D.
(medical)

Stephanie R. Rizzardi-Pearson
(technical)

Defendant

Francine B. Kulick
(medical)

Marcia Haight
(technical)

Robert Eisenman
(technical)

Roberta J. Spoon
(technical)

Facts

The two female plaintiffs in this case were employed with defendant city. Commencing in 1992, the individual defendant became the department head. The plaintiffs alleged that he commenced sexually harassing plaintiffs by calling them at home, asking them out on dates and to spend the night at his home, making intrusive and objectable comments about their physical appearance, calling them by offensive nicknames referencing body parts and national origin, leering at them in a sexual manner, etc. The plaintiffs alleged that when they rejected these advances, the defendant selected them for layoff or demotion, wrote bad performance evaluations, spied on them, and took away former job assignments. The plaintiffs alleged that they made repeated complaints to defendant city personnel, including the head of Human Resources and the city manager, but nothing was done. In October 1995, the individual defendant was terminated. The plaintiffs alleged that the second line supervisory staff continued to retaliate against plaintiffs, particularly after the complaint in this action was filed. The plaintiffs brought this action against the defendants based on race, sex and national origin discrimination, harassment and retaliation theories of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for a combined total of $1.5 million. The city made a C.C.P. º998 offer of compromise for a combined total of $500,000.

Damages

The plaintiffs claimed loss of earnings due to alleged retaliatory selection for lay off/demotion. However, the primary damages sought were for emotional distress.

Other Information

The settlement was reached approximately two years and 10 months after the case was filed. A mediation was held before David Aaron Rotman of Gregorio, Haldeman & Piazza eventually resulting in the reported settlement.


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