In March 2007, plaintiff Mitchell Dion, 49, was hired as the General Manager of Rincon del Diablo Municipal Water District. He ultimately tendered his resignation in November 2012, but his employment officially ended on Jan. 2, 2013. Dion contended that throughout his employment with the water district, he was subjected to conduct and communication of a sexual nature by Diana Towne, who was a member of the district’s Board of Directors and that he was retaliated against for opposing or reporting the conduct. He claimed that as a result, the district constructively discharged him. Dion sued Rincon del Diablo Municipal Water District and Diana Towne. Dion alleged that the actions of both Dion and the district constituted retaliation and constructive discharge. According to Dion, Towne’s conduct and communication toward him were of a sexual nature. He also claimed that when he and Towne were alone after an evening board meeting, Towne gifted him a pair of red satin devil horns in a white gift box. Dion contended that he opposed the unwanted verbal and physical conduct committed by Towne, but that after receiving the gift, he reported the Towne’s comments and conduct to the district’s human resources manager the next day. However, he claimed that following his report and opposition to Towne’s conduct, Towne and the district subjected him to unlawful retaliation, including constructively discharging him. In addition, Dion claimed that following his constructive discharge, Towne made misrepresentations to prospective employers in order to prevent him from getting other employment. He further claimed that Towne blackballed him (in violation of California Labor Code § 1050) by publishing the misrepresentations about him in order to prevent his employment elsewhere in California’s tight-knit water agency circles. Defense counsel maintained that Towne never engaged in inappropriate conduct toward Dion and that neither Towne nor the district retaliated against Dion. Counsel contended that Dion was looking for another job for quite some time, secured another job, and then resigned. Defense counsel further contended that Towne never made any misrepresentations about Dion to any prospective employer., Dion worked for Rincon del Diablo Municipal Water District since March 2007 and ultimately left his employment at the district, effective Jan. 2, 2013. He claimed that the district forced him to resign his position and take a lesser job elsewhere, and that he ultimately lost that other job. Dion and his spouse testified about Dion’s physical, emotional and mental hardships before and after his job separation in November 2012. Thus, Dion, now 57, sought recovery of economic damages, including $108,920 for his past loss of earnings and $110,900 for his future loss of earnings. He also sought recovery of non-economic damages for his emotional distress. Defense counsel disputed Dion’s alleged loss of earning, claiming that Dion was looking for a new job before his employment ended with the district on Jan. 2, 2013, and that after securing another job, Dion resigned from it. Defense counsel also disputed Dion’s emotional-distress claim, noting that Dion had not sought treatment for his alleged distress.