Department Store Clerk Sexually Harassed By Graveyard Shift Supervisor


$350,000 – Department Store Clerk Sexually Harassed by Graveyard Shift Supervisor

Plaintiff was a single mother in her 30s, who alleged that she was sexually harassed on a graveyard shift by the night time “lead”. The defense claimed that the “lead” was not a supervisor under California law and since Plaintiff did not complain about the sexual harassment in time for defendants to stop the harassment from occurring, there was no liability on behalf of the store.
Winer, McKenna & Burritt, LLP were retained and were retained and took the position that the “lead” did have supervisory duties thus, under California law the Company was strictly liable for his sexual harassment.

The defense then produced a portion of Plaintiff’s Myspace website, which included sexually explicit comments made by Plaintiff. The defense claimed that based on those comments it was very unlikely that Plaintiff was offended by the sexual comments made by the perpetrator.

Winer, McKenna & Burritt, LLP produced psychiatric testimony indicating that Plaintiff was in fact deeply offended by the comments of her supervisor she suffered a significant psychological injury as a result of those comments.

RESULT: $350,000 settlement on behalf of Plaintiff.

*Many of the cases that Winer, McKenna & Burritt, LLP, has settled are highly confidential. In order to provide consumers with an accurate list of settlements, we have accurately stated the amount of the settlement and the facts of the case, but we have changed the location of the cases and the industry of the companies we have sued to make the identification of the actual company impossible.