Case details

Teacher retaliated against for reporting alleged child abuse: suit

SUMMARY

$600000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, depression, emotional distress, mental, psychological
FACTS
On July 19, 2016, plaintiff Johana Davila, 39, a preschool teacher, witnessed an incident of suspected child abuse by the office manager of the school where she worked. Davila reported the incident, and the school was cited by the California Department of Social Services. Davila claimed that almost immediately after the school was cited, the school’s principal began to retaliated against her. She also claimed that the retaliation continued after the principal moved to another assignment and after she was transferred to another school. Davila claimed that the continued retaliation ultimately caused her to quit. Her resignation was effective Jan. 20, 2019. Davila sued her employer, the Los Angeles Unified School District. She alleged that the actions of her supervisors within the school district retaliated against her for being a whistleblower and caused her constructive discharge. Davila also alleged that the school district was liable for its employees’ actions. Daisy Molina, a substitute aide, was also initially named as a plaintiff. She claimed that she was also a victim of retaliation for whistleblowing, but her claim was ultimately dismissed when a prior judge granted defense counsel’s motion to summarily adjudicate Molina’s claim on Dec. 13, 2018. Plaintiff’s counsel contended that the principal of the school that Davila initially worked at was friends with the office manager accused of child abuse and that the principal became upset when the school was cited about the alleged incident. Counsel argued that as a result, the principal began to give Davila numerous write-ups in August 2016, shortly after Davila filed her report on the suspected child abuse. Counsel contended that the principal also gave Davila a poor performance evaluation and then suspended Davila for 11 days. Plaintiff’s counsel argued that after the principal moved to another assignment, the new principal, who was a professional colleague of the former principal, continued to give Davila write-ups and poor performance evaluations. Counsel maintained that even after Davila transferred to a teaching assignment at another school, the retaliation continued in the form of write-ups by the principal of that school, who was a professional colleague of the principals of Davila’s prior school, and that as a result, Davila was forced to resign. Defense counsel argued that school district had legitimate, non-retaliatory reasons for taking the adverse actions it did against Davila. Specifically, counsel contended that Davila’s classroom performance warranted the write-ups and that Davila’s behavior toward another staff member warranted the suspension., Davila claimed she suffered emotional distress, and an exacerbation of pre-existing depression and anxiety as a result of the subject events. As a result, she sought treatment with a psychiatrist. Davila sought recovery of damages for her past and future emotional pain and suffering. Defense counsel disputed Davila’s claims regarding ongoing psychological issues, noting that Davila’s psychiatric treatment ended on March 28, 2018.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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