Case details

Port terminal operator claimed no retaliation against trainee

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
anxiety, emotional distress, post-traumatic stress disorder, PTSD, sexual harassment, weight fluctuations
FACTS
Beginning in December 2003, Catherine McCoy trained to become a vessel planner at Yusen Terminals, a port terminal operator and a member of Pacific Maritime Association, which serves as a bargaining agent for its members that include stevedore companies, steamship lines, and port terminal operators. McCoy, who is black, previously worked as a marine clerk at the Los Angeles-Long Beach Ports. She filed a federal lawsuit, along with others in 1998, against Yusen, Pacific Maritime Association, and dozens of others based on allegations of unlawful discrimination. The matter ultimately resulted in a confidential settlement that provided McCoy with training to become a vessel planner at Yusen. However, McCoy claimed that her supervisors at Yusen made racially and sexually inappropriate comments, creating a hostile work environment, and further retaliated against her for having brought the initial action. She claimed that she eventually quit her job in March 2004, after an incident in which she asked her supervisor a question and he ignored her. In 2006, McCoy brought a suit against Yusen Terminals, Pacific Maritime Association, Local 63, Centennial Stevedoring Services, and International Longshoremen’s and Warehouseman’s Union. She alleged that the defendants’ actions constituted negligent supervision, hiring, and retention; sexual harassment and retaliation in violation of the Fair Employment and Housing Act; and intentional infliction of emotional distress. The trial court granted summary adjudication on all claims other than the retaliation claim. The jury then jury returned a verdict in favor of McCoy and against Yusen and Pacific Maritime Association on the retaliation claim in January 2008. However, defense counsel moved for judgment notwithstanding verdict and for a new trial, and the motions were granted. McCoy subsequently appealed, and the Court of Appeal affirmed the decision to grant JNOV as to Pacific Maritime Association, but reversed the JNOV decision as to Yusen. The Court of Appeal also affirmed the order granting a new trial against Yusen. At this point Local 63, Centennial Stevedoring Services, and International Longshoremen’s and Warehouseman’s Union were out of the case. As a result, the matter was sent back to the trial court for a re-trial of McCoy’s retaliation claim against Yusen only. During the second trial, in November 2015, McCoy contended that she had been unlawfully retaliated against during a training program provided by Yusen. She claimed that she was segregated into a back room during the training, was not adequately trained by the male union planners facilitating the training, and was ultimately forced to quit the program and miss five years of work as a result. Specifically, McCoy alleged that during the training, Yusen deprived her of training materials and opportunities, and harassed and shunned her in retaliation for her having brought the initial action. She also alleged that her supervisors made racially and sexually inappropriate comments, creating a hostile work environment. Yusen’s counsel denied all of the allegations, contending that McCoy received the training that she was promised, that no one berated or harassed her, and that she quit the training for her own reasons., McCoy claimed five years of lost earnings, and numerous additional years of reduced wages due to poor training and not being able to work as a vessel planner. She also claimed that she suffers severe, ongoing emotional distress, necessitating extensive psychotherapy and manifesting in depression, post-traumatic stress disorder, anxiety, weight fluctuations, and numerous related physical and mental complications. Thus, McCoy sought recovery of millions of dollars in damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case