Facts

Plaintiff Rosie Ortiz was an inside salesperson at ABC Supply. She claimed that the branch manager, Dean Michael, failed to protect her from sexual harassment by customers and engaged in direct sexual harassment by making inappropriate comments about Ortiz and other females.

Ortiz also claimed that the branch manager frequently referred to Hispanics as "wetbacks" and "your people" and would only follow Hispanic customers to ensure that they were not stealing.

Ortiz claimed that she frequently made bank deposits after "clocking out," was not compensated for her time in making bank deposits, and was not reimbursed for her mileage. Ortiz also alleged that Michael made false disparaging remarks about her ability to perform in her job, after she had quit.

PLAINTIFF'S CONTENTIONS:
Ortiz claimed that she was subject to unwanted sexual and racial harassment and was constructively terminated. Ortiz also alleged that Dean Michael made disparaging false remarks about her ability to do her job and her fitness in her occupation to vendors, customers, and employees of ABC Supply, after Ortiz quit. She further claimed that she was not compensated for time and expenses for off-the-clock work.

DEFENDANT'S CONTENTIONS:
The defendants denied that Ortiz was subjected to harassment. The defendants argued that Ortiz and her two witnesses, both former ABC Supply employees, were not credible. Ortiz had the opportunity to adjust her timecards to reflect "off-the-clock" deposits and had the opportunity to submit a mileage reimbursement form.

Settlement Discussions

The plaintiff demanded "six figures" at mediation. Her demand was reduced to $50,000 before trial. The defendants made no offers.

Result

Defense verdict. The jury completed a special verdict form in which the jury found that Ortiz was subject to racial harassment. However, the jury concluded that it was not severe or pervasive. Likewise, the jury found the Dean Michael made false statements about Ortiz, but that these statements were opinion, not statements of fact. Moreover, the jury found that Ortiz was not paid for work she did off-the-clock, but that the wages she was owed were de minimus.

Other Information

FILING DATE: Sept. 16, 2008.

Deliberation

three hours

Length

seven days