Case details

Manager claimed she was fired for being a whistleblower

SUMMARY

$366813

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On Sept. 22, 2014, plaintiff Debra Loveless, 61, a manager for the Equal Employment Opportunity Investigations Unit for Kaiser Foundation Hospitals in Southern California, was suspended from her position. She was then terminated on Oct. 7, 2014, while she was on medical leave. Loveless claimed she was fired in retaliation for being a whistleblower. Loveless sued Kaiser Foundation Health Plan Inc., Kaiser Foundation Hospitals and Southern California Permanente Medical Group. Kaiser Foundation Hospitals and Southern California Permanente Medical Group were ultimately dismissed from the case. Loveless claimed she used her position to push for better quality in her team’s EEO investigations and she challenged her supervisor, who allegedly made ageist comments, such as asking an employee who was on progressive discipline what her age was and when she planned to retire. Loveless also claimed she sought an equity pay increase for a subordinate who was paid less based upon race and gender, objected to tying EEO substantiation rates to performance reviews, objected to the proposed misclassification of an employee, and objected to a conflict of interest in a Fair Employment and Housing Act investigation. She claimed she was fired in retaliation for her protected activities in violation of FEHA and Labor Code § 1102.5. Defense counsel denied there was any retaliation, and contended that Loveless was terminated for legitimate, non-discriminatory reasons. Specifically, counsel contended that Loveless was terminated for poor performance, lack of candor, unprofessionalism, and an inability to lead her team. Loveless responded that she had only exceptional and excellent reviews in the workplace and that she had no prior discipline of any kind., Loveless was hired on April 15, 2013, after a one-year search by Kaiser to fill the management position. After her termination, she was able to find a job with Federal Express, making $20,000 less than she did previously. The plaintiff’s psychology expert opined that Loveless suffers from a major depressive disorder caused by Kaiser. Loveless sought recovery of past and future lost earnings, and damages for her past and future pain and suffering caused by her emotional distress. The defense’s psychiatry expert opined that Loveless only suffered from an adjustment disorder, which was not caused by Kaiser.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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