Case details

Attorney claimed she was harassed about pregnancy

SUMMARY

$1173849

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, harassment, mental, psychological
FACTS
In May 2010, plaintiff Jessica Stepp was hired as a vice president and as senior trial counsel at Fidelity National Title Group Inc. Stepp, a mother of two, was five months pregnant when she was hired by Fidelity. She claimed that her supervisor and co-workers made critical remarks about her pregnancy and encouraged her to stop having children. She also claimed that when she returned to work after giving birth, her boss was hostile and uncooperative when she requested accommodations so that she could pump breast milk in private. Stepp became pregnant twice more, but lost the babies in August 2011 and in February 2012 and had to take time off because of the losses. She claimed that despite the losses, she contemplated getting pregnant again. In August 2012, Stepp, then 39, was terminated from her position. She claimed that she was fired without warning, unlike her male counterparts, who were given a heads-up and put on probation before being let go. Stepp filed a claim with the California Department of Fair Employment and Housing, and received a right-to-sue letter. Thus, Stepp sued Fidelity National Title Group Inc.; Fidelity National Financial Inc.; Fidelity National Law Group; Fidelity National Management Services; and Fidelity’s managing attorney, John Rygh. Stepp alleged that the defendants’ actions constituted intentional infliction of emotional distress; harassment; discrimination based on gender, pregnancy, and a medical condition; and retaliation. The matter ultimately only continued against Fidelity National Title Group Inc., Fidelity National Financial Inc. and Fidelity National Law Group, as the others were dismissed. Stepp claimed that when she was hired, Rygh and her co-workers expressed surprise at her pregnancy and asked her whether she would be able to handle all her work and whether she would be “getting her tubes tied” after she delivered her child. She also claimed that when she returned from leave after having the baby, she asked Rygh whether she could be moved to a windowless office that was being used as storage so that she could pump breast milk in private, but that Rygh turned down the request and told her to “figure things out” on her own. She further claimed that Rygh refused to cover the cost of putting a lock on her office door to prevent anyone from walking into her office while she was pumping and, instead, forced her to hang a do-not-disturb sign on her door, announcing that she was in the midst of pumping. Plaintiff’s counsel noted after a member of the building maintenance staff entered Stepp’s office while her shirt was off, Stepp paid to have a lock installed herself and that until it was put in, Stepp pushed a chair and a box against the door to prevent anyone from getting in. Stepp alleged that during the first two weeks that she was out of work for the February 2012 loss of her child, Rygh refused to have another attorney take on her cases, even after she told him that a motion was due in one case at the end of the month. She claimed that Rygh told her that no one in the office could handle it and that she would have to figure out how to get it done even though she was incapacitated. Stepp claimed that after the loss of her child in February 2012, and while she was contemplating getting pregnant again, her supervisors devised a reason to fire her, ultimately deciding to blame it on her work performance. Stepp alleged that as a result, Rygh saddled her with untenable workloads that, in July 2012, resulted in her having to work six 17-plus-hour days a week. She further alleged that Rygh refused her requests for backup when she was overwhelmed and that he forced her to take over her paralegal’s work after the paralegal quit. Plaintiff’s counsel contended that no male attorney was ever asked to complete his own paralegal’s work. Counsel also contended that four of the office’s female attorneys were given the heaviest caseloads, in regard to the number of cases and potential losses, even though three of them had toddlers or school-age children. Counsel noted that one of those women eventually resigned, fearing she might commit malpractice as a result of being assigned “a clearly unreasonable amount of cases.” Plaintiff’s counsel further contended that after the woman resigned, her cases were redistributed throughout the office and her male replacement was given less work to do. Defense counsel denied Stepp’s allegations and maintained that none of her allegations were corroborated by trial witnesses., Stepp described herself as a hard worker and she claimed she was never told her performance was substandard. However, she was ultimately fired six months after the second pregnancy loss. Stepp claimed that she was told that she was being fired because she had not provided a supervisor with a draft of a motion in a case, but that the reason was untrue. Stepp claimed that her marriage became contentious while her Fidelity employment was winding down and that it ended in divorce after she was terminated. She claimed that as a result, she suffered emotional distress, including disgrace, anxiety, and loss of enjoyment of life. She also has not worked in the 3.5 years since she lost her position. Thus, Stepp sought recovery of general, compensatory and punitive damages, as well as attorney fees.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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