Verdicts / Settlements - Defendants

Joni A. James vs. Environmental Care, Inc.

FACTS:

4/6/93: Plaintiff, a 35 yearold female, was hired in 1990 as a landscaper for Environmental Care, Inc. In August, 1990, the Plaintiff was sexually harassed by a coemployee. The Plaintiff complained to management about the harassment. The claim was investigated and disciplinary action was taken. The Plaintiff was transferred to a work location away from this coemployee. The Plaintiff filed sexual harassment and sexual discrimination charges with the DFEH and EEOC relating to this incident. After April, 1991, the Plaintiff made no complaints of sexual harassment.

In February 1992, the position superior to the Plaintiffs became vacant. Another female employee was given this position. The Plaintiff immediately requested a transfer from her work location. The transfer was granted. Because the transfer required Plaintiff to report daily to the branch office rather than directly to a jobsite, the Plaintiff came in contact with the individual who harassed her in 1990. The Plaintiff was in three vehicle accidents in less than a; one month time period. The Plaintiff left Environmental Care in April 1993, and filed this suit in November 1993.

PLAINTIFF CLAIMED

she was qualified for the promotion but was denied due to her past and continued complaints of sexual harassment. She only requested a transfer because she was informed she needed to round out her skills in order to advance in the company. The 1993 transfer was a demotion to force her out of the company. The Defendant retaliated against her by transferring her to a work location requiring her to come in contact with the past harasser. Her employment situation made her emotional and contributed to her vehicle accidents.

DEFENDANT ARGUED

the Plaintiff was not qualified for the promotion she sought as evidenced by per performance reviews. The Plaintiff's transfer was granted at her request because she felt jilted after not receiving a promotion. She could not work with her new superior. The transfer location selected, for Plaintiff was a comparable position on another of the company's "high profile" jobs. Contact between Plaintiff and the 1990 harasser could not be prevented 100% of the time. Environmental Care used best efforts to schedule these two employees so that they never worked together, but chance meetings could not be avoided. The only contact Plaintiff had with the former harasser after her transfer was in the company's branch office in the presence of 100 to 200 other employees. The Plaintiff was terminated because her driving record prevented her from driving a company vehicle and performing her job duties. The Plaintiff was offered a nondriving position with the company at a reduced salary, but she declined.

INSURANCE COMPANY:

None

OFFER:

$3,000 at trial

DEMAND:

$300,000 reduced to $150,000 at trial

TRIAL TIME:

5 days (Court Trial)

The statute of limitations of Plaintiffs DFEH claim for the 1990 harassment expired January 19, 1993. The statute of limitations on Plaintiffs EEOC claim for the same allegations expired August 26, 1993. Consequently, the majority of evidence concerning Plaintiffs allegations of past harassment was excluded from trial.

TriService Reference No. 954133