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CONFIDENTIAL

Aug. 8, 1998

Employment Law
Constructive Termination
Sexual Harassment

Confidential

Settlement –  $69,000

Judge

Victor T. Barrera

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Jack Smart


Defendant

Jan Yoss

John D. Younesi


Facts

The plaintiff, a 38-year-old sales manager for defendant hotel, alleged that from October 1994 through September 1995, she was subjected to an ongoing and repeated pattern of degrading sexual remarks by her supervisor which created a hostile working environment. The remarks alleged by the plaintiff allegedly fell within the definition set forth by the Supreme Court in Meritor Savings Bank v. Vinson, 477 U.S. 57,67 (1986). The plaintiff further alleged that despite having put her employer on notice of her supervisor's sexual harassment on at least two occasions, no remedial action was taken to investigate or correct the behavior. She alleged that, instead, the harassment continued, and she was ostracized as a means of retaliation. Subsequently, the plaintiff resigned. The defendants contended that the comments made were not sexually offensive in nature, were gender neutral, and were not directed toward the plaintiff. The plaintiff brought this action against the defendant based on sexual harassment, failure to take action, wrongful constructive termination, constructive discharge in violation of public policy, and intentional infliction of emotional distress.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $75,000. The defendant made a C.C.P. º998 offer of compromise for $15,000.

Specials in Evidence

$1,000 $28,800 $30,000

Injuries

The plaintiff claimed she suffered emotional distress as a result of the alleged harassment.

Other Information

The settlement was reached approximately one year and 10 months after the case was filed. SETTLEMENT CONFERENCE: Settlement conferences were held on March 26 and 31, 1998, before Judge Victor T. Barrera of the Los Angeles Superior Court resulting in the reported settlement.


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