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Employee Fired for Complaining About Sexual Harassment
Posted by: Melville Johnson, P.C.
April 18, 2008
Topic: Employment Discrimination
The Attorneys at Melville Johnson, P.C. can provide this type of legal representation for you:
Plaintiff, Ms. Shelley Bell started working as a records technician for Adelberg Associates Medical Group (AAMG), in November, 2000. Throughout Ms. Bell's tenure, AAMG alleged that Ms. Bell's supervisor repeatedly counseled her about her inefficiency and inappropriate behavior towards other employees. Additionally, AAMG alleged that Ms. Bell engaged in an on-going "spat" with a co-worker, Ms. Miki Patenio.
Ms. Bell, who openly discussed having undergone breast augmentation in the office, complained to AAMG that Ms. Patenio grabbed and jiggled her breasts, on two occasions. These complaints by Ms. Bell were made as sexual harassment complaints. The attorneys at Melville Johnson, P.C. have significant experience representing employees who allege that they have been subjected to sexual harassment.
Ms. Bell also made complaints that Ms. Patenio made sexually oriented remarks and gestures while in Ms. Bell's presence. Apparently, AAMG conducted an investigation into Ms. Bell's complaints and warned both employees to stay away from one another. Thereafter, in 2003, Ms. Patenio filed a written complaint with AAMG against Ms. Bell, alleging that Ms. Bell had exposed her as a lesbian in front of co-workers in the breakroom. AAMG issued Ms. Bell a written warning for this incident and warned her about her efficiency and keeping personal matters to herself. Later that month, AAMG fired Ms. Bell, alleging that Ms. Bell had ongoing productivity issues and refused to work with management.
Ms. Bell filed suit against AAMG in the Sacramento County Superior Court, alleging that she had been subjected to discrimination in violation of the Fair Employment and Housing Act, sexual harassment, wrongful termination and retaliation. Ms. Bell claimed that she was fired for complaining about sexual harassment and the company's unfair business practices. AAMG's summary judgment motion was granted and Ms. Bell appealed the dismissal of the retaliation claim to the 3rd District Court of Appeal. At Melville Johnson, P.C., we are experienced in representing plaintiff's through the appeals process.
Ultimately, the 3rd District Court of Appeal, rejected Ms. Bell's argument that she was fired in retaliation for complaining about sexual harassment and other problems. Instead, the court determined that AAMG's reasons for terminating Ms. Bell, which were due to her ongoing productivity and behavior problems, outweighed any inference of pretext that might exist, even though Ms. Bell was terminated only two days after her last complaint about Ms. Patenio.
This article is largely based on an article written by Linda Coady, Esq., an Andrews Publications Staff Writer, appearing in Find Law News on March 17, 2008.
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