Rosario Juarez v. Auto Zone Stores Inc. and Does 1 through 20
Published: Dec. 20, 2014 | Result Date: Nov. 17, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:08-cv-00417-WVG Verdict – $185,873,000
Court
USDC Southern District of California
Attorneys
Plaintiff
Charles E. Moore
(Law Office of Charles E. Moore)
Defendant
Facts
Plaintiff Rosario Juarez filed suit against her former employer Auto Zone Stores Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that in 2000, she began working for AutoZone in National City. In 2001, she was promoted to a position that was part of the management. Despite repeated requests and her efforts to advance her career, plaintiff claimed, defendant prevented her from doing so because of her gender. Plaintiff alleged that very few women worked for the company, and even fewer who attained managerial positions. Plaintiff alleged that defendant, and its predecessor, had a practice of discriminating against women. Further, that its predecessor had been sued for discriminating against women. A resolution of that lawsuit required defendant's predecessor, and defendant, to start hiring and promoting women. However, when that requirement expired in 2001-2002, defendant reverted back to its opaque hiring process. Consequently, plaintiff contended that defendant had a "glass ceiling" that prevented women from moving up in the company.
Plaintiff alleged that in September 2005, she became pregnant, and that afterward her supervisors' attitude towards her changed. Plaintiff claimed that one supervisor even required her tstep down from her managerial position. Then, the harassment continued even after her son was born. Moreover, her supervisor lodged complaints about plaintiff not being able to do her job because she was pregnant. Plaintiff maintained that she was at all times able to perform her duties despite of her pregnancy. Eventually, and without conducting an investigation, defendant decided to demote her and decrease her pay in February 2006.
Plaintiff alleged numerous other wrongful conduct by defendants, including requiring workers to work hours off the clock. Then, despite her repeated requests for a promotion, plaintiff claimed, defendant continued to pass her up for less qualified male employees. In November 2009, defendant fired her by using its Loss Prevention Dept. to create a pretext for termination. Plaintiff alleged that she was actually fired, in part, for filing a complaint with the California Dept. of Fair Employment and Housing, and because of sex discrimination.
Plaintiff asserted claims for pregnancy/sex discrimination, pregnancy/sex harassment, retaliation, failure to prevent harassment/discrimination/retaliation, wrongful termination in violation of public policy, failure to pay wages in violation of the Labor Code, failure to pay wages in violation of the Fair Labor Standards Act, unfair competition, and unjust enrichment.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and asserted various affirmative defenses. Defendant also moved for summary judgment, or, in the alternative, partial summary judgment.
Result
The jury rendered a verdict in Juarez's favor and awarded her $872,720 in total damages, including $393,760 in past lost earnings, $228,960 in future lost earnings, and $250,000 in emotional distress damages. The jury also found that AutoZone acted with malice, oppression and fraud and awarded Juarez $187 million in punitive damages.
Other Information
FILING DATE: March 5, 2008.
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