Partners Jean Hyams and Darci Burrell tried a case on behalf of a woman who suffered retaliation after she complained repeatedly about sexual and racial harassment on the graveyard shift at Caltrans’ Oakland Transportation Management Center. Members of the jury wept when they rendered a unanimous verdict finding Caltrans liable for maintaining a sexually and racially hostile work environment and subjecting the plaintiff to retaliation. By obtaining a jury verdict and attorneys’ fee award in excess of $1 million, the trial team vindicated the rights of the Caltrans employee and delivered a clear message to employers about the cost of maintaining a work environment in which sexually and racially inappropriate conduct is permitted to thrive.
Retaliation
$750,000 for Female Neurosurgery Resident Alleging Discrimination by UCSF
Partner Sharon Vinick represented an African American woman who alleged that she had been discriminated and retaliated against due to her race and gender, while she was a neurosurgery resident at UCSF. Following her termination for alleged poor performance, Sharon filed suit on her behalf, alleging claims for discrimination, retaliation, and breach of contract. After extensive litigation, the case settled on non-confidential terms.
$3.6 Million Settlement for City Employee Subjected to Retaliation and Wrongful Termination
Partners Darci Burrell and Leslie Levy represented a 27-year employee of the City of Emeryville after she was terminated from her job following a psychiatrist’s report that she was “unfit for duty.” The employee, who was chief union steward at the time of her termination, had challenged racial discrimination, harassment, and unfair treatment by City management throughout her career. Darci and Leslie charted new legal territory in this case by bringing a claim against the psychiatrist, Dr. Stephen Raffle, for “aiding and abetting” the City in retaliating against their client for her years of anti-discrimination advocacy on behalf of herself and others. On the eve of the jury trial, Emeryville agreed to pay an estimated $3.6 million in damages and attorney’s fees to settle the case. The settlement was a vindication for the employee and restored her good name.
Confidential Settlement for Two Men Terminated After Complaining About Racist, Sexist and Homophobic Comments by Boss
Partner Sharon Vinick represented two men who alleged that they had been demoted, and constructively terminated, after complaining that their boss repeated made racist, sexist and homophobic comments about other employees, and discriminated against employees and job applicants. The case, which was in arbitration, settled in the high six-figures.
$475,000 Settlement for Police Officer Terminated After Refusing To File False Police Report
Partner Jean Hyams brought suit for wrongful termination in violation of public policy on behalf of a police officer who was terminated after he complained to his superiors that he had been unlawfully pressured to falsify a police report. By taking depositions of command officers up the chain of command to the level of chief of police, Jean gathered evidence to show that her client’s complaints were one of the factors motivating the decision to terminate him. Just days before a jury trial was set to begin, the police department agreed to a $475,000 settlement.
Confidential Settlement for Woman Retaliated Against After Taking Medical Leave
A woman who missed work because of her serious health condition was fired by her employer under its “no fault” absence policy. Partner Jean Hyams filed suit on her behalf. The employer ended up footing the bill for the plaintiff’s attorneys fees and paying the plaintiff money damages to avoid a jury trial.
LVBH Files Case on Behalf of Male Firefighter Terminated for Taking Leave to Care for Family
Partner Sharon Vinick, along with co-counsel Jennifer Liu and Rebecca Peterson-Fisher of The Liu Law Firm PC, have filed a case on behalf of Carlo Teruel, a firefighter who worked for the American Canyon Fire Protection District and the City of America Canyon. Mr. Teruel came to work in American Canyon after previously serving as a firefighter for the City of Berkeley. The complaint alleges that Mr. Teruel was terminated because he exercised his legal right to take time off to care for the medical needs of his wife and two small children. Approximately one month before Mr. Teruel was to complete his probationary period and become a permanent employee, the Fire Protection District fired him without warning or explanation.
The lawsuit includes claims that the employer committed violations of the California Family Rights Act and the California Kin Care Act (Labor Code Section 233). The complaint also asserts that the termination discriminated against Mr. Teruel because he is a male caregiver and because the employer expected him to conform to gender stereotypes of men acting as breadwinners and not caregivers for their children.