Case details

Failure to discipline supervisor caused resignation: plaintiff

SUMMARY

$120100

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Aug. 18, 2014, plaintiff Kandi Queen-Ricci, 36, a home health care coordinator, resigned from her job at AccentCare of California Inc. Queen-Ricci claimed that after she started work at AccentCare on June 3, 2013, her supervisor began to make unwanted advances toward her and then retaliated against her when she rejected those advances. She eventually complained about the alleged misconduct to a corporate officer and Human Resources in July 2014, but she claimed her complaints were ignored. Queen-Ricci claimed that as a result, she had no choice but to resign on Aug. 18, 2014. Queen-Ricci sued AccentCare of California Inc. Queen-Ricci alleged that her supervisor’s actions constituted sexual harassment, gender discrimination, and retaliation and that AccentCare was liable for the supervisor’s actions. She also alleged that AccentCare failed to take reasonable steps to prevent discrimination and harassment, and wrongfully terminated her in violation of public policy, and that AccentCare’s actions constituted violations of the Labor Code. Queen-Ricci was ordered to submit her claims to arbitration. At arbitration, Queen-Ricci claimed that her supervisor touched her inappropriately on one occasion, attempted to coerce her into having a romantic/sexual relationship with him, and brought up inappropriate discussion topics. She alleged that when she rejected the supervisor’s advances, he began to retaliate against her. Queen-Ricci claimed that after she complained about the supervisor’s actions, she was constructively terminated due to the employer’s refusal to intervene and prevent further harassment. AccentCare’s executives and a human resources manager denied knowing about any purported sexual harassment. They claimed that Queen-Ricci simply complained of being micro-managed and that it responded to such complaints appropriately. In addition, defense counsel argued that the alleged misconduct was not severe or pervasive, and, thus, did not constitute harassment., Queen-Ricci claimed that she suffered significant emotional distress, post-traumatic stress disorder, and an exacerbation of prior medical conditions, including muscle fatigue and weakness. Thus, Queen-Ricci sought recovery of $25,000 in past lost earnings, $35,000 in psychological/medical costs, $1 million in future lost earnings, $250,000 in general damages for her past pain and suffering, and $1 million in general damages for her future pain and suffering. She also sought recovery of $1.5 million in punitive damages against AccentCare. In addition, Queen-Ricci claimed that she was entitled to recover attorney fees, expert witness fees, and costs.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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