Case details

No harassment or retaliation against worker, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
harassed
FACTS
In January 2011, plaintiff Eric Turner, an avionics specialist, was under contract with Pacific Aerospace Resources & Technologies to be part of a team working on large commercial aircrafts when the team leader, Mike Helm, who was also working under a labor contract, called him a “monkey ass” when telling him to get back to work. On Jan. 28, 2011, a third party and fellow worker complained to Pacific Aerospace, and an internal investigation of the matter resulted in Helm being dismissed from his duties. Turner’s work assignment ultimately ended with Pacific Aerospace in March 2011. Turner sued Pacific Aerospace and Helm. Turner alleged that Helm’s actions constituted workplace harassment based on race. He also alleged that Pacific Aerospace retaliated against him for complaining about Helm’s actions. Turner initially reported his claims to the Equal Employment Opportunity Commission and the Department of Fair Employment and Housing, which ultimately led to the lawsuit. Turner claimed that Helm harassed him on more than one occasion, leading him to file a complaint. He alleged that as a result of filing the complaint and the subsequent investigation, Pacific Aerospace retaliated against him by not bringing him in to work in April 2011. Helm, appearing at trial in pro per, claimed he was just kidding around with the “monkey ass” remark, but admitted it may have come across as harsh or dictatorial. He further claimed that it was not racially based and that he apologized to Turner, who assured him that he was not offended. A week before trial, Helm produced text messages between him and Turner from June 2011 and January 2012. The first series of texts had Turner wishing Helm a happy Father’s Day, referring to the two men as friends, asking about Helm’s family, and mentioning forgiveness. The second series of texts had Turner wishing Helm a happy new year and offering him a job opportunity at Turner’s current place of employment. The texts were submitted as evidence at trial. Pacific Aerospace claimed that no harassment occurred, but that Helm’s comment violated its zero tolerance policy for inappropriate conduct in the workplace. It claimed that as a result, it promptly acted in accordance with its policy and dismissed Helm from his duties. Pacific Aerospace also claimed that it did not require any contract avionics specialists in its call for work in April 2011, which is why Turner’s request to come back to work was refused. In addition, it claimed that it did not retaliate against Turner and that it complied with the law by investigating the complaint, which led to the offending party (Helm) being dismissed., Turner sought recovery of $300,000 in total compensatory damages, which included $150,000 in damages for the harassment based upon race and $150,000 in damages for the retaliation against him. Defense counsel contended that Turner suffered no damages.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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