Case details

Harassment at work resulted in constructive discharge: plaintiff

SUMMARY

$540916.67

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
In January 2010, plaintiff Lantz Greene was hired as a general manager by Yucaipa Towing Inc., which is based in Riverside County. Greene claimed that shortly after his hire, he was harassed and discriminated against by George Acosta, owner/CEO of Yucaipa Towing, as well as fellow employees that were friends and family of Acosta. He claimed he was harassed for being homosexual (which he is not) and for being Caucasian, and was physically intimated. Thus, he claimed that the hostile work environment led to his constructive discharge in August 2010. Greene sued Yucaipa Towing and Acosta. Greene alleged that the defendants’ actions constituted racial and sexual orientation discrimination, workplace harassment, and constructive discharge. Greene claimed that Acosta and Yucaipa Towing employees harassed him by making fun of his sexual orientation, even though he was, in fact, heterosexual. He also claimed the defendants would superimpose his face onto pictures of women, as well as pornographic homosexual images, and would refer to him with slurs like “fag,” “homo” and “bitch.” Greene claimed he was also harassed for being Caucasian, having his face superimposed on a picture of Adolph Hitler, and was referred to as “white boy,” “whitey” and “token.” In addition, Greene noted incidents that created a hostile and dangerous work environment, including one incident where an employee used a tow truck to trap him inside a portable toilet, while also rocking it back and forth with the truck. He also alleged that another employee, Acosta’s nephew, constantly challenged him to fights, and that Acosta and others would instigate fights and further intimidate him. Greene claimed the abuse ultimately led to his constructive discharge in August 2010. Acosta and the employees of Yucaipa Towing denied all of Greene’s claims and accusations. They claimed that Greene was a sexual predator that preyed on young, male employees and that he would take his clothes off and expose his penis to fellow employees. Acosta and the employees further claimed that Greene created a hostile work environment by threatening to fire subordinate employees., While still employed by Yucaipa Towing in August 2010, Greene sought medical care from his doctor and was allegedly placed on stress leave. He was then referred to a psychiatrist and prescribed medication for his anxiety. However, he claimed that he was told never to return to Yucaipa Towing. Green claimed that as a result, he ultimately had to stop treating because severing his employment effectively terminated his health insurance. Greene claimed that during his unemployment, he became depressed and had suicidal ideation, as well as bouts of insomnia, nightmares and flashbacks of the harassment. He also claimed he lost interest or pleasure in life, lost weight due to a diminished appetite and suffered daily panic attacks. He further claimed that his condition has negatively impacted relationships with his friends and his girlfriend. However, Green claimed that he ultimately was able to find a new job as a warehouse manager in July 2012. Thus, Greene sought recovery of $600 in out-of-pocket medical expenses, $250,000 in past lost earnings, and an unspecified amount of damages for his future lost earning capacity, and past and future emotional distress. He also sought recovery of punitive damages. Defense counsel contended that Greene quit on his own will, and that neither Acosta nor other employees caused Greene any emotional distress. Thus, counsel contended that Greene was owed zero damages.
COURT
Superior Court of Riverside County, Riverside, CA

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