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African-American, Lesbian firefighter awarded more than $6.2 million
- By News Hound
- Published 07/18/2007
- Politics
- Unrated
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View all articles by News HoundAfrican-American, Lesbian firefighter awarded more than $6.2 million
A jury awarded an African-American, Lesbian firefighter more than $6.2 million against the City of Los Angeles in her suit alleging race and sex-based pattern and practice discrimination under California's Fair Employment And Housing Act. According to the special verdict, returned on July 3, 2007, the jury, which found the city guilty on all four of firefighter, Brenda Lee’s, claims – sex and race discrimination, harassment, retaliation and a failure to take prompt and adequate remedial action – awarded her nearly $3.5 million in lost and future wages, including pension and medical benefits. The jury also awarded Lee more than $2.7 million for past and future emotional distress. Two days after its verdict, the jury ordered Lee's fire department captain, Christopher Hare, to pay her an additional $2,500 in punitive damages (Bressler v City of Los Angeles, CalSupCt, No BC 336783).
In her complaint, Lee pled that the discrimination and harassment started early in her career, both during the interview process, where "offensive and discriminatory comments" were made about whether anyone in her family had ever been on welfare, and in her firefighter academy training. During academy training, female class members were filmed without their consent, unaware that the videotape would "subsequently be used to humiliate, demean, and ridicule them and foster the perception presented by the department that females are unfit to be firefighters." According to the complaint, the videotape was distributed to the department and referred to as "female follies." When working at different stations within the department, the discrimination and harassment continued. Lee alleged that "[a]t one point, [she] was brought into the front office where a firefighter told her that 'she got her job because she was a black female and she had taken a job from his son.'"
Her complaint further pled that "[a]s a result of [her] sex (female) race/color (black) sexual orientation (lesbian), and association with other members of a protected class," she was subjected to adverse employment actions, harassment and retaliation, which included: (1) derogatory remarks; (2) unjustified scrutiny of her work performance; (3) failure to apply departmental policies and procedures equally, (4) subjecting her to improper disciplinary action; and (5) issuing her poor performance evaluations. Comments were also be made about Lee's personal life. When Lee became upset about the discrimination and harassment, she was told that she had a "'postal attitude.'" The complaint further asserted that a departmental physician, who never even met or spoke with Lee, found her psychologically unfit to be firefighter. She went on leave for medical reasons. The complaint pled that the department made it difficult for Lee to return to work. Finally, Lee alleged that the department failed to "effectively investigate and remediate the complaints of discrimination, harassment and retaliation" in her complaint.
National media outlets report that the jury's verdict is the largest in a series of recent employment discrimination cases made against the Los Angeles Fire Department.
http://hr.cch.com/news/employment/071807a.asp
In her complaint, Lee pled that the discrimination and harassment started early in her career, both during the interview process, where "offensive and discriminatory comments" were made about whether anyone in her family had ever been on welfare, and in her firefighter academy training. During academy training, female class members were filmed without their consent, unaware that the videotape would "subsequently be used to humiliate, demean, and ridicule them and foster the perception presented by the department that females are unfit to be firefighters." According to the complaint, the videotape was distributed to the department and referred to as "female follies." When working at different stations within the department, the discrimination and harassment continued. Lee alleged that "[a]t one point, [she] was brought into the front office where a firefighter told her that 'she got her job because she was a black female and she had taken a job from his son.'"
Her complaint further pled that "[a]s a result of [her] sex (female) race/color (black) sexual orientation (lesbian), and association with other members of a protected class," she was subjected to adverse employment actions, harassment and retaliation, which included: (1) derogatory remarks; (2) unjustified scrutiny of her work performance; (3) failure to apply departmental policies and procedures equally, (4) subjecting her to improper disciplinary action; and (5) issuing her poor performance evaluations. Comments were also be made about Lee's personal life. When Lee became upset about the discrimination and harassment, she was told that she had a "'postal attitude.'" The complaint further asserted that a departmental physician, who never even met or spoke with Lee, found her psychologically unfit to be firefighter. She went on leave for medical reasons. The complaint pled that the department made it difficult for Lee to return to work. Finally, Lee alleged that the department failed to "effectively investigate and remediate the complaints of discrimination, harassment and retaliation" in her complaint.
National media outlets report that the jury's verdict is the largest in a series of recent employment discrimination cases made against the Los Angeles Fire Department.
http://hr.cch.com/news/employment/071807a.asp
