The retaliation includes:
•Her harasser refusing to speak with her and
directing others not to speak with her.
The un wanted and offensive touching includes: February 19 •He withholds important job information from her
• Touching of her hair, neck, back,
and buttocks Jane Doe reports the •He threatens her job and her future employment
• Rubbing and massaging of her neck, unwanted and offensive
touching and verbal •He subjects her to different requirements than
back and arms her co-workers who have the same position in the
• Pressing his body against hers comments pursuant to
her employer’s sexual company
harassment policy. •Another supervisor tells her that she is not
welcome and should leave
•Her co-workers refuse to speak with her and
completely ignore her.
February 17
January 1 Jane Doe is again approached by a
Jane Doe begins to experience superior in a dimly lit work room.
unwanted and offensive sexual March 3
He approaches her from behind,
touching by a superior. She is presses himself up against her and Jane Doe meets with the harasser
also subjected to unwanted and begins to rub her neck and and his assistant. She explains
offensive verbal remarks. shoulders. Jane leaves the room how she feels isolated, degraded,
quickly. and that appears to be a form of
retaliation for reporting the
harassment.
January February March
January 15
February 11
Jane Doe reports the unwanted
and offensive touching to a Jane Doe confides in a
supervisor about the March 1
supervisor
harassment Jane Doe is informed
by another supervisor
January 20 that she is no longer
February 15 welcome at the
Jane Doe’s supervisor tells company and should
Jane Doe tells another supervisor that
her that he will distribute a leave.
she may leave her job when her contract
copy of the company’s policy
is up due to the harassment.
on sexual harassment to all
employees.
Damages
Texas Labor Code § 21.2585
• Compensatory Damages
– Future pecuniary losses (not subject to the damage cap)
• By not finishing this year of her residency program,
Dr. Kite will enter private practice one year later
and suffer an economic loss of: $150,000
– Emotional pain and suffering: $75,000
– Mental anguish: $50,000
• Punitive Damages: $50,000
• Reasonable attorneys’ fees: $25, 000
________________________________________________________________
Total Sought: $350,000
• Criminal Liability
– Victim compensation fund
– Fine
• Administrative Liability
– Report to the Texas Board of Medical Examiners
Sexual Harassment Recent Jury Verdicts
• $50,000,000 in punitive damages and $35,000 in compensatory damages for hostile work
environment claim
– Kimzey v. Wal-Mart Stores, Inc.
• $8,000,000 to plaintiff from Texas jury for hostile work environment claim
– Scribner v. Waffle House, Inc.
• $2,000,000 for hostile work environment claim
– Kentucky woman suing Phillip Morris in an unreported case
• $6,900,000
– Awarded to a former employee of Federal National Mortgage Association
• Multi-million dollar settlement against Walt Disney World by three female firefighters
• $350,000 in punitive and compensatory damages and over $400,000 in fees.
– Huffman v. Pepsi-Cola Bottling Company
• $2,000,000 jury verdict due to injuries of sexual harassment including, severe emotional
distress, major depressive disorder, shame, humiliation, embarrassment and other emotional
injuries.
– Griffin v. City of Opa Locka