Case details

Plaintiff: Hours changed after making sexual harassment complaints

SUMMARY

$250000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In October 2017, plaintiff Ebony Ballard, a clerk for the U.S. Post Service, was allegedly sexually harassed by a male co-worker at the post office in Torrance, where they worked. She claimed the co-worker made unwelcome comments, including telling her that he wanted to have sex with her. Ballard claimed that when the harassment continued, she complained about the co-worker’s conduct to her supervisors in 2017 and 2018, but that the USPS took no action to prevent the co-worker’s harassment. On April 19, 2019, the male employee allegedly sexually assaulted Ballard at the Del Amo station, a small location where only two clerks could work at a time. As a result, Ballard made a discrimination and harassment complaint to the USPS equal-employment-opportunity counselor on May 7, 2019. On June 20, 2019, Ballard learned that the USPS had changed her schedule. Ballard sued Megan J. Brennan, Postmaster General of the United States of America. Ballard alleged that the failure of the USPS to address the co-worker’s actions created a hostile work environment and that the USPS ultimately retaliated against her for filing the complaints against the co-worker. Louis DeJoy, Postmaster General of the United States Postal Service, was later added as the correct defendant, as Brennan had previously held the position. Ballard claimed the male co-worker contiually made sexually harassing remarks since October 2017 and that during the incident on April 19, 2019, the co-worker grabbed her from behind, tried to kiss her neck, and grabbed her buttocks with both hands. She alleged that the assault was reported to both a supervisor and the Torrance postmaster and that her hours were changed in retaliation for complaining about the harassment and assault. Ballard, a single mother with two small children, was scheduled to begin work at 9 a.m., but her schedule was changed to begin at 4 a.m., instead. Ballard also alleged that after she made an EEO complaint, her supervisors yelled at her in front of her co-workers, disciplined her on multiple occasions, and did not select her to be an acting supervisor. Defense counsel argued that there were legitimate business reasons for all of the USPS’s actions., Ballard claimed that she suffers from anxiety as a result of the events and that she continues to have anxiety and panic attacks at work. She alleged that as a result, she had to seek medical treatment and use leave time due to her condition. Ballard alleged that since her condition is on-going, she will possibly require future medical treatment for her anxiety. Ballard sought recovery of future medical costs, and damages for her past and future emotional pain and suffering.
COURT
United States District Court, Central District, Los Angeles, CA

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