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Employment Law
Sexual Harassment
Wrongful Termination

Christina Miller v. Ravenswood City Unified School District, Mack McClendon, Charlie Mae Knight and Floyd Gonella

Published: Apr. 21, 2007 | Result Date: Jan. 25, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 3:04-cv-03569-WHA Settlement –  $50,000

Court

USDC Northern


Attorneys

Plaintiff

Marylon M. Boyd


Defendant

John A. Shupe
(Lynch & Shupe LLP)


Experts

Defendant

Jane Enright
(technical)

Facts

Christina Miller was a food service manager employed by the Ravenswood City Unified School District to facilitate compliance with child nutrition regulations. She alleged that she complained to her superintendent, Charlie Knight, that the school district's chief business officer, Mack McClendon, sexually harassed her.

She alleged she later complained to the new superintendent, Floyd Gonella, that McClendon forced her to work late with him alone. McClendon criticized Miller and recommended that the School District Governing Board terminate her employment for poor performance. Soon before the Board was scheduled to act upon the recommendation, Ms. Miller submitted her resignation to Superintendent Gonella.

Miller sued the school district, McClendon, Knight, and Gonella for wrongful termination, retaliation, and sexual harrassment. However, because Miller failed to timely file a tort notice to the school district, the individual parties were dismissed. Through a later summary judgment motion all claims except that for sexual harassment were thrown out.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended the individual defendants failed to address her complaints about a hostile work environment created by her superior's offensive conduct. Further, the superintendent concocted a false pretext for firing her, even fabricating resignation papers to show she quit.

DEFENDANT'S CONTENTIONS:
Defendants contended plaintiff resigned and failed to avail herself of defendant's sexual harassment policy.

Damages

Plaintiff claimed unspecified damages for emotional distress and past lost income, demanding $350,000.

Result

Settled for $50,000 (the amount of defendants' pre-trial offer).

Other Information

This case was mediated by Evelyn Hunt. Ms. Hunt was not involved at the point plaintiff accepted defendants' Rule 68 offer.


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