Case details

City retaliated against officer for complaining about website: suit

SUMMARY

$1000000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, gastrointestinal, head, headaches, mental, psychological
FACTS
Between 2001 and 2014, plaintiff Elisa Lopez, a Mexican-American in her 30s, worked in the parking enforcement division for the city of Beverly Hills. Lopez started in the division as a parking enforcement officer in 2001, was promoted to a parking control officer in 2004, and was then promoted to a parking enforcement supervisor on Jan. 3, 2011. However, she claimed that since she began her employment with the city, she was subjected to discrimination and harassment. She also claimed that after she complained to Human Resources about another parking enforcement supervisor, Gregory Routt, she was subjected to retaliation, and additional discrimination and harassment. Lopez further claimed that after making her complaints she was demoted back to a parking control officer, her current position, in retaliation. Lopez sued Routt and the city of Beverly Hills. Lopez alleged that the defendants’ actions constituted discrimination under the Fair Employment and Housing Act, national origin discrimination, harassment, and retaliation. Lopez claimed that Routt populated an anti-Mexican immigrant website named illegalaliennewsupdate.com, which Routt openly worked on and discussed at work. She claimed that Routt also suggested to some of his subordinates to read and comment on the articles on his website. As a result, Lopez filed a detailed report of her complaint with Human Resources on April 7, 2011, and gave a copy to her manager, as well. However, she claimed that she was subsequently subjected to discrimination and retaliation, and was demoted from her supervisory position. Lopez also claimed that her manager, in response to her complaining about the continued harassment, discrimination and retaliation, threatened her job and told her in a meeting in February 2012 that, “if she wanted war, [he would] give her war.” Plaintiff’s counsel contended that the workplace investigator discovered notes attributed to someone who allegedly stereotyped Lopez as some sort of “tattooed gang girl” who was a danger to the city and who would be a nightmare and “fight them to the death.” Counsel noted that Lopez’s manager, Routt, and Lopez all still work for the city, and that Lopez continues to seek a promotion back to a supervisor or managerial position, but that the city has denied Lopez’s efforts on four separate occasions. Defense counsel noted that Routt populated a website on illegal aliens and that although a large number of the posts focused on crimes committed by illegal immigrants from Mexico, the site also contained posts about other illegal immigrants, regardless of race. Defense counsel argued that from inception, Lopez was not a victim of harassment, discrimination or retaliation, but that Lopez was a victim of her own mistakes. Counsel contended that Lopez’s mistakes included being involved in a romantic relationship at work, seeking to settle personal vendettas, adopting an authoritarian managerial style, failing to accept advice, and failing to take responsibility for her actions. Defense counsel contended that when Lopez was confronted with her mistakes, she adopted the classic strategy of the best defense is a good offense by alleging false accusations of harassment against Routt, a beloved supervisor. Counsel added that every one of Routt’s subordinates said that he was a terrific supervisor and that there was not a hint of harassment or discrimination against Lopez or anyone else. All the subordinates also testified unequivocally that there was no harassment or discrimination by Routt. Defense counsel further contended that Routt was employed by the city for 20 years and that Lopez’s allegations were the first time anyone has ever complained about him. In addition, defense counsel contended that Lopez was not demoted, but that she failed to pass her probation in July 2011 and that Lopez was not selected on the three subsequent occasions that she applied for a promotion because she was not the most qualified candidate., Lopez claimed she suffered severe emotional distress, leading to major depression and an anxiety disorder. Both plaintiff’s and defense experts determined these were exclusively caused by problems in the workplace after Lopez became a supervisor on Jan. 3, 2011. Lopez also claimed that she has had numerous physical problems, including chronic nausea and vomiting, crippling headaches, gastroesophageal reflux disease, and other digestive problems. Specifically, Lopez claimed that on April 4, 2011, she suffered a severe anxiety attack. Lopez claimed that the workers’ compensation carrier refused to accept her disability claim for two years and that the carrier refused to allow her to see a doctor on city-time and made it hard for her to get needed treatment. Thus, Lopez has been on anti-depressants and anti-anxiety medications since at least April 4, 2011, and she continues to need treatment and medication. Defense counsel noted that the April 4, 2011 incident was when Lopez was questioned about breaching confidentiality about a subordinate to someone else. Counsel contended that Lopez was allowed to see doctors and get treatment, but that the issue was whether or not workers’ compensation would pay for it. The carrier denied Lopez’s doctor visits, and Lopez was not paid until the carrier accepted her visits and accepted her claim of temporary total disability. Defense counsel noted that Lopez was then retroactively paid by the carrier, and that Lopez also took paid sick leave form the city. Thus, counsel contended that Lopez was out of work from Aug. 8, 2011 to Nov. 9, 2011, and that Lopez received $13,249.83 in temporary total disability for her absence. The defense’s psychologist opined that Lopez’s emotional distress was attributable to her friction with her coworkers, and not any discrimination or harassment.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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