Case details

Defendants denied sexual harassment occurred

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, mental, psychological
FACTS
In 2007, plaintiff Marie Kardiban, a police officer with the Los Angeles Police Department, claimed she began to be verbally and physically sexually harassed by her supervisor, Sergeant Pete Foster. She alleged that the harassment eventually stopped, but then recurred in 2009, prompting her to file an internal complaint about Foster in late 2010. Kardiban claimed that as a result of her complaint, she was transferred to another division and downgraded, or demoted, in rank from a P3 to a P2, which came with a reduced salary. Kardiban sued the city of Los Angeles and the city of Los Angeles Police Department. She alleged that Foster sexual harassed her, making the city and the police department vicariously liable for his actions. She also alleged that the actions of the city and police department in response to her complaints constituted retaliation. The matter proceeded to a bench trial. Kardiban claimed that she was both verbally and physically harassed by Foster on several occasions in 2007, and again between 2009 and 2010. She noted several incidents in 2009, including Foster launching at her breast with his hand, Foster poking her buttocks, and Foster approaching her while seated and pushing her face into his crotch in order to simulate oral sex. Kardiban claimed that these and other incidents prompted her to file an internal complaint about sexual harassment. However, she claimed that as a result of her filing the complaint, she was retaliated against by being downgraded in rank and transferred from the central division, where she had worked for over 10 years, to the southwest division. The city and police department contended that all of the incidents alleged by Kardiban did not happen, and that the plaintiff never made any complaints about Foster prior to filing her internal complaint. They also noted that Kardiban only filed a complaint after Foster required that she wear a uniform to work, as she normally wore plain clothes. However, the city and police department contended that regardless of why the complaint was filed, the police department took appropriate action and Kardiban made no additional allegations of misconduct against Foster thereafter. In response, Kardiban claimed that she was not required to wear a uniform due to permanent medical restrictions, and that her complaint had nothing to do with that issue and everything to do with Foster’s sexual harassment., Kardiban claimed that she started treating with a psychologist in late 2010 and was diagnosed with post-traumatic stress disorder. She alleged that she now deals with anxiety and is more fearful. Kardiban also claimed that she suffered a loss of earnings as a result of the demotion to P2, which included a reduction in salary. Thus, Kardiban sought recovery of $500,000 in damages for her past and future pain and suffering, and $87,850 to $219,623 in damages for her lost earnings, representing the difference in salary from the demotion to P2 as compared to her prior P3 position. Defense counsel disputed Kardiban’s psychological complaints and cross-examined the plaintiff’s expert psychologist on the basis of the post-traumatic stress disorder diagnosis.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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