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Employment Law
Sexual Harassment
Discrimination/Retaliation

Veronica Garcia v. Los Banos Unified School District

Published: Jun. 9, 2007 | Result Date: Mar. 26, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 1:04-cv-06059-SMS Verdict –  Defense

Court

USDC Eastern


Attorneys

Plaintiff

Anthony P.X. Bothwell

Thomas M. Sharpe

Rey Hassan


Defendant

Robert J. Rosati
(ERISA Law Center)


Experts

Plaintiff

Stephen J. Morewitz
(technical)

M. Anne Juri
(technical)

Defendant

Daniel J. Trozak
(medical)

Laurie S. Hedden
(medical)

Facts

Veronica Garcia worked as an account technician for the Los Banos Unified School District, where she performed complex accounting for the Director of Facilities, Operations, and Transportation, Ray Heid. Garcia alleged Heid yelled and cursed at her on various occasions. She also claimed he masturbated or simulated masturbating in front of her. As a result of complaining about these instances, Garcia claimed she received a poor performance evaluation. She sued the school district, the Governing Board, and Heid for gender-based discrimination, hostile work environment, sexual harassment, and retaliatory acts.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff argued she was yelled at, cursed at and witnessed obscene behavior. She claimed to receive a negative performance evaluation for making complaints about the incidents.

DEFENDANTS' CONTENTIONS:
The defendants claimed to follow proper procedure in handling Garcia's claims. The defendants further claimed that although Heid may have yelled at Garcia on one occasion, this was reported to a supervisor. Heid also denied masturbating in front of Garcia and claimed he gave Garcia a poor performance evaluation because her work was poor.

Damages

Garcia sought past and future emotional distress damages and medical expenses. Defense counsel further asserted that in no way, can vitiligo be exacerbated by stress.

Injuries

Garcia claimed to suffer from emotional distress, an aggravation of her vitiligo, and post-traumatic stress disorder. She claimed she needed to see a therapist to treat her emotional distress and that the incidents impacted her family and social life.

Result

The jury found in favor of the defendants.

Other Information

The case against Ray Heid was dismissed in pretrial motions; the school district was the only defendant at trial.

Deliberation

two hours

Poll

8-0

Length

11 days


#98562

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