Case details

Sales associate claimed employer sexually harassed her

SUMMARY

$49400

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In November 2011, plaintiff Ana Baumgarten, a woman in her 50s, was hired as a sales associate at Spirit Lift Plastic Surgery in Eastlake. Baumgarten claimed that several weeks into her employment, she started being subjected to sexual harassment from Dr. Mohammad Sadi Erfani, the owner/surgeon at the practice. Baumgarten claimed Erfani made offensive remarks and jokes about his penis, sang sexual songs, and on one occasion, called her a slut. She claimed that as a result of the ongoing harassment, she was forced to quit in January 2013. Baumgarten sued Erfani, individually and doing business as Spirit Lift Plastic Surgery. Baumgarten alleged that Erfani’s actions constituted workplace sexual harassment and constructive discharge. Baumgarten claimed Erfani made several sexual remarks and jokes she deemed offensive, including referring to the size of his genitalia and singing sexual songs. She also claimed that once, after Erfani overheard that she was going to see the movie “Magic Mike,” he referred to her as a slut and that when she told Erfani not to call her that, he responded that several women are. In addition, Baumgarten claimed that after Erfani saw her and a female coworker hugging, Erfani remarked that she and the coworker should kiss and asked if they were lesbians. A former client and coworker presented supporting testimony regarding Baumgarten’s claims of sexual harassment committed by Erfani in the workplace. Baumgarten further claimed she was constructively discharged, as she had to quit in January 2013 due to the ongoing harassment. Erfani claimed that when Baumgarten told him she was seeing “Magic Mike,” his response was that it could be perceived as slutty behavior to see such a movie. At his deposition, Erfani categorically denied making any remarks or jokes to Baumgarten that included sexual innuendo. At trial, he claimed he could not recall making any of the remarks and jokes alleged by Baumgarten. Erfani also claimed that Baumgarten was a subpar employee who quit her job for reasons unrelated to the alleged harassment, and that she was not constructively discharged. Defense counsel called an ex-office manager and two current employees, who testified that they did not see or hear anything alleged by Baumgarten., Baumgarten sought recovery of $27,840 in economic damages for her past lost earnings, spanning 58 weeks, due to her constructive discharge, as well as future lost earnings through November 2016, at the same salary of $480 per week. She also sought recovery of $50,000 in past non-economic damages for her emotional distress and $25,000 in future non-economic damages. Defense counsel argued that Baumgarten was not owed any lost earnings, as she quit her job for reasons unrelated to the alleged harassment.
COURT
Superior Court of San Diego County, San Diego, CA

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