Case details

Female with less experience chosen for promotion: plaintiff

SUMMARY

$185000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In December 2009, plaintiff Laurence “Steve” Hughes, an employment training supervisor with the county of Humboldt, applied for the employment training manager position, a middle management position in the social services branch of the Department of Health & Human Services. The position only became available whenever the previous employment training manager resigned. After applying, Hughes had an oral interview in January 2010. A recommendation was then made for a selective candidate, and the selection was made in February 2010. Hughes claimed that despite his significant experience, he was denied the position and that it was, instead, given to a female, who had a little over 11-months experience in the employment training department. Hughes sued the county, alleging gender discrimination. Plaintiff’s counsel contended that in addition to the employment training manager position, the social services branch also had program manager II positions, which were comparable in responsibility. However, Hughes acknowledged that the employment training manager position had significant supervisor responsibility. Thus, plaintiff’s counsel argued that the employment manager position and the program manager II positions were comparable, in that they were both middle management positions within the department, and therefore, the selection of 15 out of 16 female program manager IIs helped establish the disparate impact against the selection of men in both the program manager II positions and the employment training manager positions. Counsel contended that, historically, between 2002 and 2012, the county appointed 16 program manager IIs, 15 of whom were women. Counsel admitted that a male was hired during that time, but contended that the man was only employed for seven months before being replaced by a female. Thus, plaintiff’s counsel argued that the county’s actions constituted disparate impact discrimination, in that the county’s oral interview policy appeared neutral, but had an adverse effect of the county only hiring women instead of also hiring men. Defense counsel contended that the female candidate selected was chosen due to her ability to collaborate with others. Counsel also contended that the employment manager position in the social services branch was not comparable to the program manager II position. Defense counsel argued that the employment manager position and the program manager II position were two different positions and therefore, the selection rate of program manager II positions had nothing to do with the selection rate for the employment training manager position., Hughes testified that he had a physical reaction to not being chosen for the employment training manager position, including suffering from high blood pressure and hives. He subsequently sought medical care for his condition and had to be taken off of work in August 2010. Hughes claimed that he had 26 years of experience with the county, but that he ultimately resigned from the county at the end of 2010. Thus, Hughes sought recovery of lost wages and emotional distress damages.
COURT
Superior Court of Humboldt County, Humboldt, CA

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