Case details
Female mechanic claimed she was harassed at work
SUMMARY
$475000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Sept. 28, 2016, plaintiff Ciara Newton, a refinery-process operator, was terminated from her job at a Martinez refinery owned by Shell Oil Products US, a division of Equilon Enterprises, LLC. Newton claimed that, prior to her termination, she was constantly subjected to a hostile work environment. She also claimed that she routinely complained to human resources about gender discrimination and harassment, but that Shell Oil failed to take corrective action. She further claimed that she reported dangerous working conditions, but that the complaints were also ignored. Newton sued Equilon Enterprises. Newton alleged that she was subjected to discrimination on the basis of her sex, harassment because of her sex, and retaliation because she complained of harassment and discrimination. She also alleged that the harassing and discriminatory acts violated California’s Fair Employment and Housing Act. Newton claimed that, at Shell Oil, women were constantly subjected to derogatory remarks and that, despite her being a mechanic, she was belittled for her abilities, making it difficult for her to perform her job duties. She also claimed that her supervisors tolerated and encouraged the harassing behavior. She further claimed that she reported dangerous working conditions that would have caused health risks to employees, but that the conditions were not addressed. Defense counsel contended that the evidence on which Newton largely relied in regard to her harassment claim was not gender-based or linked to bias. Counsel also argued that most of the alleged incidents took place outside of the applicable statute of limitations. Defense counsel noted that several employees testified that they never witnessed Newton’s supervisor make disparaging remarks or treat Newton differently on account of her gender. Counsel also contended that several of the alleged incidents were “gender-neutral” or “simply someone’s observation,” rather than evidence of a hostile work environment. In addition, counsel argued that while the supervisor was heard saying that women typically don’t last long in the department, the comment did not mean the supervisor did not want women in department or did not think women were capable of making it in the department, so it could not be evidence of bias against women., After her termination, Newton was able to obtain work in customer service at Alaska Airlines. However, she is earning less than half of what she was making at Shell Oil. While she did not seek recovery of lost earnings, Nelson claimed that she has relatives who frequent refineries for work and is constantly reminded about the loss of her dream job. She claimed that she suffers emotional distress, and she sought recovery of damages for her emotional pain and suffering.
COURT
United States District Court, Northern District, Oakland, CA
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