Patrick Kang · Paul Wolfram
Sexual Harassment in Vegas, $1,499,000 Verdict
March 25, 2024 5:30 PM||TLU n Demand
This is a Hostile Work Environment – Sexual Harassment, Gender Discrimination and Workplace Retaliation case in Las Vegas, Nevada.
A six-day jury trial was held, where the crux of the case were the “He Said, She Said” allegations of the Plaintiff against her harasser, the President and Founder of Defendant, ISU, Inc. Testimony at trial consisted of the Harasser, who, along with every defense witness, denied every aspect of Plaintiff’s allegations of harassment. Plaintiff testified as to her claims of the long-running verbal harassment she endured, which culminated in a singular, physical harassment event, and her termination from her role as a marketer, which came the day following the physical harassment event. One former employee of the Defendant testified in this case and testified to constant inappropriate comments made by the harasser, including allegations of him discussing and watching pornography in the office, and how it was well known, if not accepted, by staff members.
The landmines in this case were: Plaintiff never reported the harassment until filing her Charge of Discrimination with the Nevada Equal Rights Commission (which was riddled with incorrect dates and other inconsistencies), Plaintiff’s poor job performance as a marketer, Plaintiff remaining with the company for two and a half years despite testifying the harassment began upon her hiring, Plaintiff staying with the company in a different role for three months after being terminated from her marketing position, and the only neutral witness had charges of theft and Medicaid fraud brought against her by the company. The only pre-trial offer from Defense was $10,000.00.After attacking the company’s own policies and procedures, and their in-house investigation, the jury came back with a $1.399 Million Dollar Verdict and $100K in punitive damages for a total verdict of $1.499 Million.
Teaching Points:
- Power of visual aides in a “He Said, She Said” case;
- Jury Selection on a sexual harassment case in Sin City;
- How to frame the Opening and show the story of a “He Said, She Said” Case;
- Examining Corporate Representatives at Trial;
- Examining the Accused/Harasser at Trial;
- Framing damages that are only psychological in nature;
- Closing Argument Framework.
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