A federal court jury on Wednesday awarded a record $168 million to a physician’s assistant who complained of multiple instances of sexual harassment by her supervisors in the cardiovascular surgery department at Sacramento’s Mercy General Hospital. The verdict is believed to be the largest ever awarded to a single plaintiff in an employment case. The plaintiff, Ani Chopourian, complained that she was sexually harassed on multiple occasions during her employment. Among other things, she alleged that one surgeon called her a "stupid chick" in the operating room, said she did surgery "like a girl," disparaged her Armenian heritage by asking if she had joined Al Qaeda, and referred to patients as "pieces of sh*t." Another surgeon allegedly stabbed her with a needle and broke the ribs of an anesthetized heart patient in a fit of rage, and yet another surgeon greeted the plaintiff each morning by saying "I’m horny" and slapping her on the bottom.
Wrongful Termination
Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012)
Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination and disruptive behavior.” Perich filed a claim with the…
Ministerial Exception Barred School Employee’s Wrongful Termination Claims Against Church
Henry v. Red Hill Evangelical Lutheran Church, 201 Cal. App. 4th 1041 (2011)
Sara Henry taught preschool children at the Red Hill Evangelical Church of Tustin; she was also the director of the preschool. Henry, who is Catholic, was not required to be Lutheran (only a practicing Christian) and was aware of the “Christian-based, Bible-based values of the school.” Henry was married when she…
Telecommunications Installer’s Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
DFEH v. Lucent Technologies, Inc., 642 F.3d 728 (2011)
The California Department of Fair Employment and Housing and Steven Carauddo alleged Lucent violated the Fair Employment and Housing Act when it terminated Carauddo’s employment as an installer because he could not lift more than 30 pounds due to a back injury. The district court granted summary judgment to Lucent, and the Ninth Circuit Court…
U.S. Supreme Court Recognizes “Cat’s Paw” Liability Theory
Staub v. Proctor Hosp., 562 U.S. ___, 131 S. Ct. 1186 (2011)
Vincent Staub, a former angiography technician for Proctor Hospital, was a member of the United States Army Reserve. Staub alleged that his employment was terminated in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) because his supervisor (Janice Mulally) and her supervisor (Michael Korenchuk) were hostile to…
Class Representative’s Settlement And Dismissal Of His Own Claims Did Not Bar His Appeal On Behalf Of The Class
Narouz v. Charter Communications, LLC, 591 F.3d 1261 (9th Cir. 2010)
Hani Narouz filed a complaint against Charter Communications in which he alleged causes of action for wrongful termination in violation of public policy, as well as statutory violations of the California Labor Code for failure to pay wages, provide meal periods, maintain accurate itemized wage statements, and unfair competition under Business & Professions…
Court Affirms $1.1 Million Verdict In Favor Of Terminated Preschool Director
Scott v. Phoenix Schools, Inc., 175 Cal. App. 4th 702 (2009)
Jennifer Scott was terminated from her position as director of one of Phoenix Schools’ preschools. Her responsibilities included assigning personnel in compliance with the state regulations that set the minimum teacher-student ratios for child care centers. Scott was terminated shortly after she informed the parents of a prospective student that the school had…
Former Employee Proved No Damages As A Result Of Alleged Defamation
The Nethercutt Collection v. Regalia, 172 Cal. App. 4th 361 (2009)
Michael Regalia sued The Nethercutt Collection for wrongful termination and slander after he was terminated as its president. The jury rejected the wrongful termination claim, but awarded Regalia $750,000 in damages for “assumed harm” to his reputation arising from two statements attributable to the employer: (1) that Regalia had demanded a commission or…
$700,000 Verdict Affirmed In Favor Of Wrongfully Terminated Therapist
Boston v. Penny Lane Centers, Inc., 170 Cal. App. 4th 936 (2009)
LaToya Boston worked as a therapist and treatment coordinator for Penny Lane, a social services agency that operates group homes for juveniles and offers therapy for children and families. When Boston was first hired, Penny Lane maintained staffing ratios of one staff member for every three clients, but in time the number…
Disabled Employee May Have Been Able To Perform Essential Functions Of A Different Job
Nadaf-Rahrov v. Neiman Marcus Group, Inc., 166 Cal. App. 4th 952 (2008)
Forough Nadaf-Rahrov worked as a clothes fitter for Neiman Marcus in Dallas before transferring to San Francisco in the mid- 1990s. She suffered from recurrent back and joint pain and was diagnosed with carpal tunnel syndrome and osteoarthritis. In November 2003, she commenced a requested family medical leave of absence, which was…