Case details

Counselor faced retaliation after complaining of harassment: suit

SUMMARY

$240000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In January 2017, plaintiff Alonda Austin, a Black woman and a counselor at the Juvenile Justice Center, in San Francisco, was transferred to Unit 7, the maximum security unit at the Juvenile Justice Center, where she was the only full-time female employee in her shift. She claimed that shortly after her transfer, another counselor, Kevin Whitson, began to grab, pinch and poke her stomach, arms, hips and back on a daily basis. She also claimed that Whitson would pin her to the wall with his backside whenever she tried to pass him. Austin claimed that she asked Whitson to stop and that she would slap at or remove his hand to defend herself. Austin further claimed that, on June 21, 2017, she was in the break room with Whitson when he turned off the lights and grabbed her chest with both hands. Austin claimed that she pushed Whitson away and left and that she complained about the harassment and assault to the city and county of San Francisco, as well as to her supervisor, Sean Loucks. Austin maintained that after she made the complaints, she was removed from the unit and denied a promotion to the position of deputy probation officer. She claimed that, instead, the position was given to a less-qualified candidate. She also claimed that after she reported the harassment and assault, her lead position was changed so that she did not work as many hours as she did as a lead. Austin sued the city and county of San Francisco, the Juvenile Justice Center, Whitson and Loucks. Austin alleged that Whitson’s actions constituted sexual harassment, race discrimination and gender discrimination and that Whitson’s actions created a hostile work environment. She also alleged that the city and county of San Francisco, the Juvenile Justice Center and Loucks failed to prevent Whitson’s actions and that all of the defendants retaliated against her. Defense counsel contended that Austin was removed from the unit, and later denied a promotion, because a juvenile claimed that Austin made an inappropriate remark to him. In response, Austin’s counsel contended that the defendants used the juvenile’s claim as a pretext against Austin, as the subject juvenile had a poor record while Austin had a clean record in regard to her work with juveniles., Austin claimed that she suffers a loss of earnings as a result of being denied the promotion to deputy probation officer and having her lead position changed so that she did not work as many hours as she previously did as a lead. She also claimed that she suffers residual emotional distress. Austin sought recovery of lost earnings and damages for her emotional pain and suffering.
COURT
Superior Court of San Francisco County, San Francisco, CA

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