On or around Jan. 30, 2009, plaintiff Robin Bongon, a biomedical engineer in Kaiser Foundation Hospitals’ Clinical Technology Department, was being trained on how to use an alarm function on Lotus Notes on her computer. She claimed that while demonstrating the software, Ron Navarra, the area clinical technology manager, leaned in toward her from the right side, while using her computer mouse with his right hand, and made contact with her thigh. Bongon also claimed that Navarra started commenting about her physical appearance, including a March 2009 incident in which Navarra stated that he needed to get her a manicure and pedicure. In addition, she claimed that Navarra used vulgar language around her. As a result, Bongon told a coworker that she believed that Navarra was sexually harassing her. In early April 2009, Bongon’s second-level manager called Bongon directly to discuss the allegations that Bongon made to the coworker. Bongon allegedly told him she was unsure whether Navarra’s conduct could be considered sexual harassment, to which the manager responded that such an accusation was very serious. He urged her to think about it and call him back if she wished to register a complaint. A few weeks later, Bongon’s second-level manager was informed by another manager, who was temporarily covering Kaiser Walnut Creek while Navarra was on vacation, that Bongon told him that she believed Navarra was sexually harassing her. Bongon’s second-level manager immediately contacted Bongon to set up a meeting for the following day. When they met, Bongon revealed five incidents that she believed supported her contention that Navarra was sexually harassing her. After relaying the five alleged incidents to her second-level manager, Bongon requested a leave of absence because of stress associated with the alleged harassment. She was ultimately granted the requested leave, during which time the second-level manager met with Navarra to discuss Bongon’s allegations. Navarra categorically denied sexually harassing Bongon. Bongon eventually returned to the workplace on June 2, 2009, and admitted that Navarra stopped sexually harassing her after she made the complaints in April 2009. Bongon sued Kaiser Foundation Hospital Inc., Kaiser Foundation Health Plan Inc., Kaiser Permanente Inc. and Navarra. She initially brought causes of action for sexual and workplace harassment, hostile work environment, retaliation, gender and disability discrimination, intentional infliction of emotional distress, and violations of the Family and Medical Leave Act and the Fair Employment and Housing Act. Kaiser Foundation Health Plan and Kaiser Permanente were voluntarily dismissed prior to trial. Thus, the matter proceeded to trial against Kaiser Foundation Hospitals and Navarra only on the claim of sexual harassment and hostile work environment. All other causes of action were dismissed on summary adjudication. At trial, Bongon claimed that on Jan. 30, 2009, Navarra sexually harassed her when he rubbed up against her so that she could feel his penis and that he made it a point to rub up against her thighs even when she tried to remove herself to avoid his physical touch. Specifically, she claimed that when Navarra was demonstrating on her computer how to use an alarm function on Lotus Notes, he leaned in toward her from the right side, while using her computer mouse with his right hand, and made contact with her thigh for a brief few seconds. Bongon alleged that as a result, she could feel Navarra’s penis through their clothing. However, she acknowledged that she initially believed that this contact was accidental, but claimed that when she moved her chair to the side, Navarra leaned in a second time and made contact with her thigh again, making her believe that his conduct was intentional. Bongon claimed that there were also other incidents of sexual harassment, during which Navarra made comments about her physical appearance and used vulgar language. She claimed that in March 2009, Navarra commented that he needed to get her a manicure and pedicure, but that his wife would be very upset if he did. Specifically, she alleged that sometime in March 2009, Navarra asked her about what appeared to be white powder on her fingers and then stated that he needed to get her a manicure or pedicure, but that his wife would be livid. Bongon further claimed that in February 2009, Navarra used the “f” word several times while talking on his cell phone and telling a relative how to use the cell phone to take a picture of Bongon’s crotch. In addition, Bongon claimed that Navarra tried to put tape on her during another incident in March 2009 and that on April 15, 2009, Navarra came toward her with a piece of paper covering his crotch, which caused her to assume that he was hiding something behind the paper. Defense counsel contended that on May 12, 2009, Kaiser Foundation Hospitals assigned a human resources compliance investigation specialist to investigate Bongon’s complaints. Counsel noted that the specialist gathered documents and extensively interviewed 13 individuals, including Bongon and Navarra. Counsel contended that in addition to noting Bongon’s initial complaint of improper touching, the specialist noted that Bongon could not say whether or not Navarra’s penis was erect at the time of the incident, but that she only assumed it was, and that Bongon did not recall whether Navarra looked at her or said anything during the incident that she would consider sexual. In addition, the specialist noted that Bongon did not say anything to Navarra to indicate that she found the alleged contact to be offensive and that Navarra adamantly denied touching Bongon in any way on Jan. 30, 2009. Navarra denied ever making a statement to Bongon about getting her a manicure or pedicure. In addition, defense counsel contended that the human resources specialist noted that, following an investigation, no one else was present for the alleged conversation about Bongon’s nails. Defense counsel further contended that in regard to the claim of Navarra using vulgar language, Bongon reported a different story than the one she claimed at trail. Counsel noted that Bongon originally reported that sometime in February 2009, Navarra told her and a male coworker a story about a confrontation he had with some kids who stole a purse, during which Navarra allegedly used the “f” word multiple times while quoting the kids. Counsel also noted that Bongon originally reported that Navarra told them that he had pulled out his cell phone to take a picture of the kids involved in the confrontation and that when attempted to tell his mother the story, he took out his phone, made a gesture as if he was taking a picture under her skirt and said, “Look, Mom, I just took a picture of your crotch.” However, Navarra denied the part of the story about what he told his mother. Instead, he claimed he told Bongon and her coworker that when he was telling his mother the story about the kids, she expressed shock that a phone could actually take a picture. He further claimed that he told Bongon and her coworker that when he explained to his mother that most phones can take pictures now, he gave her an example of this by telling her that he had just read a story about kids in Japan getting in trouble for taking pictures under the table of girls’ crotches. Defense counsel noted that the human resources specialist found that neither Bongon nor the male coworker said or did anything to indicate to Navarra that they found the story to be offensive. In regard to the alleged tape incident, defense counsel contended that Bongon had originally reported to her second-level manager that, in March 2009, Navarra walked toward her desk, playfully waving a piece of tape, as if he was going to place it on her arm, but that when she backed away, he placed it on the side of her computer monitor instead. Navarra denied the incident ever occurred and defense counsel noted that the human resources investigator found that no one else was present for that alleged incident. In addition, Navarra denied approaching Bongo with a piece of paper covering his crotch on April 15, 2009, but claimed that he just came out of his office to ask Bongon for a report, which Bongon admitted was not an unusual occurrence. Defense counsel contended that though Bongon claimed that Navarra had a piece of paper positioned at his waist, just above his crotch, Navarra was confused as to what was going on, and just smiled and went back to his office without either Bongon or a present coworker saying anything more to him. Counsel further contended that Bongon admitted that Navarra did not say anything sexual to her during that incident. Defense counsel contended that following the human resources compliance specialist’s investigation, a confidential case summary report was issued on July 9, 2009, concluding that Bongon’s allegations of sexual harassment were unsubstantiated. Counsel noted that the human resources specialist then sent a letter to Bongon on or around July 16, 2009, notifying her of the finding that her allegations of sexual harassment could not be substantiated and that she had 10 business days to appeal the determination in writing. However, defense counsel noted that Bongon never filed an appeal., Bongon claimed that she suffered stress as a result of Navarra’s sexual harassment, causing her doctors put her on stress leave and causing her to file a worker’s compensation claim. Bongon claimed that she continues to suffer severe emotional distress, as well as embarrassment, humiliation and mental anguish from the incidents. However, she acknowledged that she remains employed by Kaiser Foundation Hospitals to this day. Thus, Bongon sought recovery of damages for her emotional distress, and loss of earnings and benefits.