On July 31, 2009, plaintiff Blair Brim, 53, a business agent for the International Union of Operating Engineers, Local No. 501, an AFL-CIO affiliated union, was fired. He claimed that he was terminated for standing up for a coworker, Sandra Acosta, who had sued the Local 501’s business manager, James McLaughlin, and a business agent, Finn Pette, for sexual and racial harassment and discrimination. Brim sued the Local No. 501, the AFL-CIO, McLaughlin and another business agent, Chris Brown. He alleged that the defendants’ actions constituted retaliation and wrongful termination. McLaughlin and Brown were ultimately dismissed by the plaintiff prior to trial. Brim claimed that he observed some of the harassment alleged by Acosta in her July 2009 suit regarding sexual and racial harassment, and discrimination. He also claimed that when he was called as a witness at Acosta’s trial, he would tell the truth about the sexual comments he heard Pette make. Brim also testified that he continued to meet with Acosta and go to lunch with her on numerous occasions after she filed her lawsuit. According to plaintiff’s counsel, McLaughlin thought of terminating Brim’s employment because he felt that Brim was too close to Acosta and could no longer be trusted. Counsel further contended that Brown was present when McLaughlin mentioned that Brim could not be trusted. Plaintiff’s counsel contended that since Brim was perceived as being a witness in Acosta’s case, he was terminated on the same day that Brown was sworn in as the new business manager. Thus, counsel argued that Brim was fired for continuing to associate with Acosta after she sued Brim’s boss, McLaughlin, and McLaughlin’s friend, Pette, who McLaughlin was grooming to take over the top slot of Business Manager. Defense counsel contended that Brim was fired for non-retaliatory reasons, in that Brown said they were moving in a different direction. However, Brown claimed that the termination was because he had heard from his secretary that Brim had called him incompetent., Brim claimed emotional distress as a result of the retaliation and loss of his job. He subsequently sought recovery of compensatory and emotional distress damages.