Facts

Sara Valdez was a teller at Wells Fargo in Whittier when she became pregnant with her eighth child. Valdez sued Martinez, Grothe, Wells Fargo Bank N.A., and Wells Fargo Central Bank. Ultimately, the matter proceeded to trial against Martinez and Wells Fargo Bank N.A. only.

PLAINTIFF'S CONTENTIONS:
Valdez claimed that Liliana Martinez, her direct supervisor and new service manager, and Jennifer Grothe, an indirect supervisor, began making offensive harassing comments to her and discriminating against her. Valdez complained of the discrimination and harassment to the Human Resources Dept. twice. The women then retaliated against her and continued their discriminating and harassing conduct. As a result, Valdez claimed she was forced to quit her job.

Plaintiff alleged that Martinez and Grothe's actions constituted pregnancy discrimination, harassment and retaliation, and that the company was negligent for failing to prevent, investigate and remedy the discrimination and harassment actions that resulted in her constructive discharge. Valdez claimed that after she became pregnant, Martinez made comments like: "You have too many kids. You should just go home." Martinez also allegedly told Valdez to start taking birth control pills and get her tubes tied. In addition, Martinez allegedly denied Valdez time off to seek prenatal care and also threatened her with disciplinary write-ups. Valdez's complaints to human resources were never investigated, allowing the harassment and discrimination to continue.

DEFENDANT'S CONTENTIONS:
Martinez and Wells Fargo denied liability, and denied harassing or discriminating against Valdez. Defendants also claimed that Valdez voluntarily resigned from her employment.

Damages

Valdez sought recovery of damages for her emotional distress, and past and future lost wages. Defendants claimed that Valdez did not do enough to mitigate her damages and that her alleged emotional distress was caused by other factors, including a criminal conviction, spousal abuse, and allegations of her husband cheating on her.

Injuries

Valdez suffered from emotional distress as a result of the actions against her.

Result

The jury found that Wells Fargo was not negligent, but found Martinez negligent. The jury also found that Valdez suffered serious emotional distress, but that Martinez's negligence was not a substantial factor in causing her serious emotional distress. Consequently, the jury rendered a defense verdict.

Deliberation

three days

Poll

12-0 (no harassment), 10-2 (no constructive discharge), 9-3 (Martinez’s negligence did not cause Valdez’s serious emotional distress and that there was no intentional infliction of distress)

Length

nine days