Plaintiff, who suffered from a mental disability, alleged that she was sexually pursued by one of her coworkers in a department store. Further, she alleged that she complained about the sexual harassment and that the Company took insufficient steps to deter the harasser. The Company claimed that Plaintiff never sufficiently complained about the sexual harassment and that even if the sexual harassment did occur, it was not severe or pervasive enough to be actionable under California law.
Winer, McKenna & Burritt, LLP, through discovery, provided proof that Plaintiff did in fact complain about the sexual harassment, and, especially considering her mental disability, the sexual harassment was pervasive and significantly affected her psychological state.
RESULT: Settlement on behalf of Plaintiff for $290,000