Case details

Plaintiff claimed she was fired for complaining about supervisor

SUMMARY

$360287.75

Amount

Arbitration

Result type

Not present

Ruling
KEYWORDS
depression, emotional distress, mental, psychological
FACTS
In September 2018, plaintiff Tamala Keene, an administrative worker, was terminated from her position at American Automobile Association of Northern California, Nevada and Utah. Keene claimed that, in July 2017, she began to be harassed by her supervisor. She also claimed that her supervisor disparaged racial minorities, women and older workers and that after she complained to the human-resources department, her supervisor escalated his harassment. Keene claimed that because her supervisor created a hostile work environment, she sought disability leave and a relocation to a vacant position at another AAA branch as a reasonable accommodation, but that, instead, she was terminated from her position in September 2018. Keene sued American Automobile Association of Northern California, Nevada and Utah, alleging AAA’s actions constituted disability discrimination, retaliation, failure to accommodate and wrongful termination. The matter proceeded to binding arbitration. Keene claimed that AAA was aware of the supervisor’s harassment but failed to protect her from the abusive conduct. She claimed that when the supervisor’s harassment got to the point of causing her debilitating panic attacks and chronic depression, she sought disability leave and a relocation to a vacant position at another AAA branch, but that even though AAA had vacant positions available, AAA failed to provide her with a reasonable accommodation. Keene also claimed that AAA failed to investigate her complaints against the supervisor, as well as complaints made by other employees, and that, instead, AAA retaliated against her by terminating her employment. Defense counsel contended that Keene did not have a recognized disability under the Fair Employment and Housing Act and that because Keene’s doctor had deemed Keene to be totally disabled, AAA was not required to provide any relocation as a reasonable accommodation., Keene worked for AAA for 22 years before she was terminated in September 2018. She claimed that, as a result, she suffered a loss of income. She also claimed that she suffered from debilitating panic attacks and chronic depression due to the supervisor’s harassment. Keene sought recovery for her past and future loss of earnings, and for her emotional pain and suffering.
COURT
Superior Court of Contra Costa County, Martinez, CA

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