TWO MILLION DOLLAR VERDICT FOR SEXUAL

ORIENTATION HARASSMENT UPHELD

In the recent case Hope v. California Youth Authority, a California appellate court upheld a jury verdict for approximately $2 million to a food service worker who was harassed based on his sexual orientation by a security officer on almost a daily basis at a state youth prison. The officer, who was assigned to maintain security for the food service employees at the prison, made constant derogatory comments about the employee, demeaned him in front of prison wards, and frequently threw food or trash in his work area. Complaints were made to no fewer than six supervisors and managers at the prison, but no investigation was conducted and management did not take any corrective action to stop the harassment.

As a result, the court upheld a jury verdict for approximately $1 million for economic damages, and $1 million for non-economic damages (including emotional distress), plus attorney's fees. The case demonstrates the potential liability that employers can be exposed to for failing to take prompt remedial action to end workplace harassment and to fully and promptly investigate harassment claims.