Plaintiffs, two African-American males in their mid-20’s, suffered months of verbal and physical sexual harassment at the hands of a gay district manager. The Corporation refused to take the case seriously, claiming that Plaintiffs were two big strong men who could easily defend themselves and thus were essentially not harassable.
Winer, McKenna, Burritt & Tillis LLP, through intensive discovery and investigation, turned up witnesses to the sexual harassment and two prior victims whose sexual harassment complaints were poorly investigated by the Corporation and the perpetrator was allowed to continue working despite the two prior complaints and the complaints of the Plaintiffs.
The case had to be arbitrated and after seven days of arbitration and extensive legal briefing and an indication that the Arbitrator would find for the Plaintiffs and probably award punitive damages, the case settled the day before the arbitration opinion was due.
RESULT: $1,500,000 settlement on behalf of Plaintiffs after a seven-day arbitration