Case details

Harassment caused resignation on second day: telemarketer

SUMMARY

$15500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
depression, emotional distress, mental, psychological
FACTS
In February 2011, plaintiff Bianca Cruz, 23, began her position in telemarketing sales for Continental Pacific Textiles Inc., a company with under five employees and a healthcare supplier, in Vista. She claimed that on the day she started and the following day, she was subjected to verbal and physical sexual harassment. Cruz claimed that as a result, she resigned from her position. Cruz sued Continental Pacific Textiles, as well as its owner and CEO, Pervaiz Raja, for sexual harassment. Cruz claimed that she was subjected to Raja rubbing her lower back, pressing his genitals against her shoulder while she was seated, and spanking, all within her workspace. She also claimed that she confronted Raja, but that he continued the alleged harassment. She alleged that as a result, on the second day, she decided to resign. Raja denied any of the alleged incidents happening and asserted that he terminated Cruz., Cruz claimed that the incidents affected how she trusts and deals with men, especially male supervisors, and that she became more withdrawn from social situations. However, she acknowledged that she did not seek counseling for her condition. Cruz was out of work for six months and was unable to continue paying her educational costs, which she paid herself. She claimed that as a result, she became depressed. Cruz eventually found new work six months after her resignation, but it was at a lower pay and for less hours. Thus, Cruz sought recovery for her lost wages and emotional distress.
COURT
Superior Court of San Diego County, Vista, CA

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