Case details

Female traffic control technician not paid as much as males: suit

SUMMARY

$130025

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
failure to prevent harassment, gender discrimination, intentional infliction of emotional distress, negligent supervision, sexual harassment
FACTS
In April 2012, plaintiff Brenda Morgan began working as a traffic control technician for Pro Traffic Services Inc. She initially started working as a traffic control technician for Pro Tool and Equipment Inc. on Feb. 16, 2011, but when the company changed its name to Pro Traffic Services Inc. in around April 2012, Morgan became a new employee with Pro Traffic, even though she had the same supervisors, position, etc. Her duties included loading equipment; driving company vehicles to the job site; setting up traffic control signs, cones, and barricades; maintaining control of vehicle, pedestrian, and construction traffic to ensure safety; and breaking down job sites at the end of the day. Morgan noted that she never received any verbal or written warnings during her tenure with either Pro Tool or Pro Traffic. Morgan’s starting salary was $11.50 per hour, and she eventually received a salary increase to $14.50 per hour. However, Morgan began complaining about not being paid as much as the other male workers and about allegedly not being provided meal, rest or bathroom breaks. She ultimately terminated by Pro Traffic on May 9, 2012. Morgan sued Pro Traffic Services Inc., Pro Tool and Equipment Inc., Pro Traffic and Equipment Inc., Cam Contractors Inc., Quantum Services Inc., Quanta Services Inc., Michael Wagnon, and James Christensen. Morgan alleged that the defendants’ actions constituted gender discrimination, sexual harassment, failure to prevent harassment, negligent supervision, intentional infliction of emotional distress, battery, violation of public policy, unfair competition, retaliation, and wrongful termination. Several of the defendants confidentially settled out of the case. Thus, the matter only continued against Pro Traffic Services Inc. on the claims of gender discrimination, retaliation, and wrongful termination in violation of the California Labor Code. Morgan alleged that after she received her salary increase to $14.50 per hour, she was told that she would receive an additional salary increase to $17.10 per hour after working 1,000 hours. However, she claimed that although she worked more than 1,000 hours, she never received the promised salary increase and that her male peers did receive a raise, even though she had performed the same work and worked for a longer period of time. Morgan further alleged that she was never provided lunch or rest breaks and that she was prohibited from taking her lawful meal and rest breaks. In addition, Morgan alleged that there were no adequate restroom facilities on the jobs and that, on many occasions, there were no restrooms or places to take a restroom break at the job sites. She claimed that as a result, she would call her supervisors to request a break so that she could find a restroom, but that it took her supervisors up to two hours to arrive and that sometimes they would not arrive at all. Thus, Morgan claimed that she was fired for making complaints about not being paid as much as the other male workers and about not being provided meal, rest or bathroom breaks. Counsel for Pro Traffic Services contended that Morgan was only employed by Pro Traffic Services for five weeks and that her claims were only viable against the former defendants., Morgan claimed that she suffered emotional distress as a result of her termination and treatment while employed by Pro Traffic Services. However, she claimed she did not believe in “talk therapy,” so she did not seek counseling for her alleged emotional distress. Thus, Morgan sought recovery of emotional-distress damages, and past and future lost wages.
COURT
Superior Court of San Diego County, San Diego, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case