Case details

Employee: Employer retaliated for filing harassment complaint

SUMMARY

$206151

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Oct. 30, 2008, plaintiff Larry Larson, a man in his 20s, was hired as a telemarketer by VXI Global Solutions Inc., a business process and information technology outsourcer. He claimed that since being hired, he was subject to sexual harassment by Marcus Gresham, a fellow male employee in his 20s, on numerous occasions, causing him to file a complaint with human resources. Larson claimed that after filing the complaint, he received a total of 23 disciplines and was suspended from employment in March 2010. On March 22, 2010, Larson was terminated from employment. Larson sued VXI Global Solutions Inc. and Gresham. He alleged that Gresham’s actions constituted sexual harassment, and that VXI’s actions constituted failure to remediate, intentional infliction of emotional distress and wrongful termination in violation of California Government Code §12940 (h). The case proceeded to arbitration. Larson claimed that on Oct. 31, 2009, when he was dressed in a Peter Pan costume for a Halloween party in the office, Gresham lifted up his costume and made remarks about his penis. Larson, who is straight, claimed Gresham insulted him in front of other employees, referring to him as “faggot” and other derogatory terms. He also claimed that after filing a complaint about Gresham with human resources, his employer failed to remediate the situation, and retaliated by suspending him and then terminating him. Defense counsel contended that Larson’s claims were false and that the plaintiff was properly terminated for poor work performance., Larson claimed severe emotional distress and depression as a result of the treatment by the defendants. He further claimed that he suffered two years of lost wages, and that he still has not found a new job.
COURT
Arbitration Company, CA

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