Angela Averieet, et al. v. City of Hayward
Published: Aug. 22, 2009 | Result Date: Mar. 1, 2009 | Filing Date: Jan. 1, 1900 |Case number: HG07-356121 Settlement – $4,950,000
Court
Alameda Superior
Attorneys
Plaintiff
Stanley J. Casper
(Casper, Meadows, Schwartz & Cook)
Defendant
James V. Fitzgerald III
(McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP)
Experts
Plaintiff
Penny Harrington
(technical)
Facts
The plaintiffs are 14 past and present female employees of the city of Hayward Police Department. Two of the plaintiffs were civilian employees (community service officers) and 11 plaintiffs were sworn officers, including a sergeant and a lieutenant. Five of the officers are lesbians. Going as far back as 20 years, a number of the plaintiffs complained of unfair treatment based upon their gender and/or sexual orientation.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the city of Hayward's police department, through its upper management and command staff, maintained a hostile work environment based upon gender and sexual orientation, and engaged in retaliation against the plaintiffs for making complaints about such harassment. Plaintiffs alleged that the gender harassment and discrimination included discriminatory promotions, denial of assignments, denial of advancement opportunities, and improperly motivated discipline and other forms of retaliation. Plaintiffs claimed that years of complaints to supervisors and managers, including the chief of police from 2003 through 2008, fell on deaf ears.
DEFENDANT'S CONTENTIONS:
The defendant denied the allegations and countered that many of the incidents relied on by plaintiffs were the result of personality conflicts and not based upon gender and sexual orientation discrimination or harassment.
Damages
The plaintiffs sought compensation for the mental and emotional distress of being forced to work in a hostile work environment and being retaliated against by their managers. Most plaintiffs also claimed varying amounts of special damages for denial of promotional opportunities and, in the case of five of the plaintiffs, wrongful termination.
Result
The case settled for $4,950,000 after two mediation sessions with Mark Rudy, San Francisco.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390