The California Court of Appeal upheld a jury verdict awarding $160,000 in damages and over $700,000 in attorney fees and costs to a former employee who alleged that two of her supervisors subjected her to hostile work environment sexual harassment under the California Fair Employment and Housing Act.
The Plaintiff was hired as a part-time cashier at an auto parts retailer in December 2002. Soon after she began working, the Assistant Store Manager became the Acting Store Manager. At trial, evidence was presented that over a short three week period of time, the Assistant Store Manager and a Parts Sales Manager subjected the cashier to a variety of sexually inappropriate behavior and comments.
For example, the comments included:
- The Assistant Store Manager told the employee to show her buttocks to customers and suggested that if she did, she ”would be rich” because that would increase sales.
- The Assistant Store Manager also spread rumors that the employee had herpes resulting from engaging in sexual conduct with a male coworker.
- There also was evidence that several comments were made that the employee should work in a strip club or pose in a bikini in a magazine.
The jury unanimously found that the employee had been subjected to hostile work environment sexual harassment and awarded her $160,000 in damages. Because the individuals found to have engaged in the harassing conduct were supervisors, the Company was strictly liable for their conduct, and the entire judgment was entered against the Company.
The court also awarded over $700,000 in attorneys fees and costs to the Plaintiff based on the provisions in California law permitting the recovery of such fees and costs to the prevailing Plaintiff.
This case should serve as a reminder that what may be considered joking and playful comments between co-workers, if the co-worker to whom the comments are directed finds them to be offensive and unwelcome, an employer can have significant monetary liability for the actions of their supervisors, even if such conduct occurred over a short period of time – in this case a mere 3 weeks.