Case details

Defense: Female security officer not discriminated against

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In April 2017, plaintiff Rosalinda Kornegay, a security officer for the police division at Los Angeles International Airport, was reassigned to a new position. Kornegay claimed that she was transferred to an unfavorable position in retaliation for complaining about Sergeant Bernard Wilder making offensive statements about her during a daily roll call in February 2017. Kornegay sued Wilder and his employer, the city of Los Angeles. Kornegay alleged that Wilder sexually harassed her and that the city’s actions constituted gender discrimination, sexual harassment, retaliation and failure to prevent harassment in violation of the Fair Employment and Housing Act. Plaintiff’s counsel contended that, during the daily roll call in February 2017, during which officers were briefed and given their assignments, Wilder addressed rumors about Kornegay being in a relationship with a lieutenant. Counsel also contended that Kornegay received two anonymous notes, one before the roll call and one after the roll call, that referred to sexual acts and called Kornegay an offensive name. Kornegay claimed that she complained about the incidents, but that after making her complaint, she was denied the lead officer position that she previously applied for in 2016 and then again in early 2017. She claimed that, instead, she was reassigned to a new position that she did not want in April 2017 and that while in the new position, an employee verbally harassed her. Defense counsel disputed that any verbal gossip was verified and repeated, as no supervisors confirmed any gossip, and Kornegay allegedly stated that she only heard about the alleged gossip from a friend or by something being repeated to her. Counsel contended that in an attempt to stop gossip, Wilder made unfortunate statements during the February 2017 roll call by mistakenly using individuals’ names instead of general ones. However, defense counsel argued that the act did not equate to gender discrimination, sexual harassment or a hostile work environment. Counsel also contended that the first anonymous note was not reported, but that once Kornegay reported the second note, reasonable steps were taken to thoroughly investigate what happened and who left the note, as well as to prevent further notes from appearing. Counsel further contended that there was a freeze on the lead officer position and that there was never an application process for it. In addition, defense counsel argued that Kornegay was moved to the other position at Kornegay’s own request and that Kornegay was given the opportunity to return to her previous position, but that she did not take it., Kornegay claimed that she suffered emotional distress as a result of the roll call, the notes and her transfer. She treated with a psychologist. Kornegay’s expert psychologist opined that Kornegay would need further treatment. However, Kornegay did not seek recovery for future medical expenses. Kornegay sought recovery of $4 million in damages for emotional pain and suffering from the city, and $150,000 for emotional pain and suffering from Wilder. She also sought recovery of punitive damages against Wilder.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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