Case details

Plaintiff: Termination based on discrimination complaint

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
On May 19, 2009, plaintiff Kimberly Brown, 50, a water resources technician, was terminated from her position at Santa Ynez River Water Conservation District, ID #1, three days before her pension vested. Brown claimed that since she started working for the Water District on Sept. 1, 2004, she had been harassed and discriminated against on the basis of her gender. She claimed that after complaining about the gender harassment and discrimination in the winter of 2009, she was terminated. Brown sued Santa Ynez River Water Conservation District, ID #1 for gender discrimination and harassment, as well as for retaliatory discharge. Plaintiff’s counsel noted that despite being qualified for an advanced position that was open and available at the time she applied for it, Brown was hired as a water resources technician. Brown claimed that during the time of her employment, she was subject to different treatment than similarly situated male employees. She alleged that some of this differential treatment involved the use of a District-issued cellular telephone, the altering of schedules, and the requirement to check in and check out. Brown claimed that in February 2008, she had a discussion with the general manager regarding her advancement at the Water District and that despite his statement that he would evaluate the options available, including a promotion, he did not. She further claimed that after she continued to request that the general manager follow through with a promotion for her, he began harassing her and retaliating against her. Brown asserted that before she asked the general manager to follow through with his evaluation of a promotion, he knew and approved of Brown’s use of sick leave for other events, yet after she requested a promotion, she was fired for the same reason. She claimed that as a result, she complained about her treatment to a Trustee of the Board, to the General Counsel and to the Board of Trustees. However, Brown claimed that the Trustee did not respond to her, the General Counsel said he could not help her despite the provision in the personnel manual stating that this was his duty, and the Board of Trustees assigned the General Manager to investigate his own behavior. Nine days after she made her complaint to the Board of Trustees, she was sent home on a notice of intent to terminate. Defense counsel contended that Brown was terminated from her employment for violating the sick leave policies of the Water District, amongst other reasons, and that neither the investigation nor the disciplinary measures leading to termination were based on the plaintiff’s gender., Brown claimed two years of lost earnings, and a loss of CalPERS retirement benefits and medical benefits. She also claimed emotional distress damages as a result of the incidents. Brown admitted that she was eventually able to find other employment, but was required to move out of her family home and community. She began new employment in June 2011.
COURT
Superior Court of Santa Barbara County, Santa Barbara, CA

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