Case details

Former employee harassed about sexual orientation: suit

SUMMARY

$352083

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
In 2006, plaintiff Brandon Grey began work as an investment manager at American Management Services LLC. However, two years later, he was terminated from his position. Grey claimed that he was ultimately fired because of his sexual orientation. Grey sued American Management Services LLC and the president of the West Coast region, Scott Mencaccy, who was also the partner for the company. Grey alleged that the defendants’ actions constituted wrongful termination and harassment based on his sexual orientation, in violation of the Fair Employment and Housing Act. Plaintiff’s counsel contended that since Grey started with the company in 2006, Mencaccy and Grey’s supervisors repeatedly engaged in discriminatory, harassing behavior that targeted Grey because of his sexual orientation. Counsel also contended that once Mencaccy came to the assumption that Grey was gay, Mencaccy began using discriminatory language, such as sending messages about Grey to Grey’s direct supervisor, behind Grey’s back. Counsel further contended that when Grey complained to Mencaccy about the treatment, 30 days before Grey was fired, Mencaccy told Grey to “keep [his] f—ing nose clean.” Defense counsel argued that Mencaccy never made the alleged comments and that Grey was fired for poor performance. Counsel contended that Grey’s poor performance caused clients to be unhappy, so Grey had to be terminated. In response, plaintiff’s counsel argued that the defense’s claim that Grey was the reason why clients were unhappy could not be proven due to a lack of any evidence. Counsel also argued that Grey’s alleged poor performance was never documented and that American Management Services attempted to document Grey’s alleged poor performance after he was fired., Grey claimed that during the time he worked for American Management Services, between 2006 and 2008, he suffered humiliation, emotional distress, and damage to his career. Specifically, he claimed that Mencaccy told others at the company that he was terminated for “being a f—ing idiot.” Grey claimed that Mencaccy’s misconduct caused, and continues to cause, emotional distress, including depression and anxiety. However, he did not seek counseling for his condition. Thus, Grey sought recovery of lost wages, emotional-distress damages, and punitive damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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