Case details

Owner suggested quid pro quo relationship, receptionist alleged

SUMMARY

$29700

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological, sexual harassment
FACTS
On July 16, 2013, plaintiff Laurie Jones, a woman in her 50s, began work as a receptionist for Celebrity Homecare Inc., a company owned by David Bustan that refers nurses for providing in-home health care services. Jones claimed that during her time with the company, Bustan made inappropriate verbal comments to her. She also claimed that there was one instance of physical groping on Aug. 16, 2013, after which she did not return to work. Jones sued Celebrity Homecare Inc. and Bustan. Jones asserted claims of quid pro quo sexual harassment, hostile work environment, failure to prevent sexual harassment, wrongful constructive discharge, intentional infliction of emotional distress, sexual battery (based on the alleged groping incident), and a Ralph Act Hate Crime, which is an act of violence against someone because of a protected characteristic. Jones claimed that Bustan told her dirty jokes, complimented her on her looks, and suggested that she could make money giving sensual massage. She also claimed that Bustan told her that he knew that she needed money and that he could help her if she helped him, thereby implicitly proposing a quid pro quo sexual relationship. Regarding the instance of touching, Jones claimed that as she walked by Bustan while she was leaving the elevator and Bustan was coming onto it, Bustan reached out and touched her around her lower waist. She claimed that Bustan was intentionally caressing her and sliding his hand toward her crotch during the contact. Thus, Jones’ counsel contended that the incident constituted a Ralph Act Hate Crime, in that the groping incident qualified as violence due to the protected characteristic of gender. Defense counsel disputed Jones’ version of events and contended that nothing happened. Counsel contended that Jones worked in an open reception area within 20 feet of other employees at all times, so Bustan was never alone with Jones behind closed doors. Counsel also contended that Bustan was only in the office with Jones for three weeks and that it was only for a few hours per day. As for the alleged “touching” incident, defense counsel argued that Bustan walked into the elevator as Jones was leaving, resulting in an innocent and unintentional bump. Thus, counsel argued that Jones was making everything up because she wanted money., Jones claimed that she suffers ongoing mental anguish, including anxiety, anger and embarrassment over the events that occurred while she worked at Celebrity Homecare. At the time of trial, she claimed that she was even still upset over recalling the events. However, Jones sought no formal counseling treatment. Thus, Jones sought recovery of lost earnings and emotional-distress damages. She also sought recovery of punitive damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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