$350,000 – Department Store Clerk Sexually Harassed by Graveyard Shift Supervisor

Plaintiff was a single mother in her 30’s, who alleged that she was sexually harassed on a graveyard shift by the nighttime “lead.” The defense claimed that the “lead” was not a supervisor under California law and since Plaintiff did not complain about the sexual harassment in time for defendants to stop the harassment from occurring, there was no liability on behalf of the store.

Winer, McKenna & Burritt, LLP, was retained and were retained and took the position that the “lead” did have supervisorial duties thus, under California law the Company was strictly liable for his sexual harassment.

The defense then produced a portion of Plaintiff’s MySpace website, which included sexually explicit comments made by Plaintiff. The defense claimed that based on those comments it was very unlikely that Plaintiff was offended by the sexual comments made by the perpetrator.

Winer, McKenna & Burritt, LLP produced psychiatric testimony indicating that Plaintiff was in fact deeply offended by the comments of her supervisor she suffered a significant psychological injury as a result of those comments.

RESULT: $350,000 settlement on behalf of Plaintiff