The employee was subjected to harassment when he was reinstated after being terminated
Consider this scenario: you are wrongfully terminated from your job, and appeal your firing. After being reinstated, your co-workers and others harass you to the point that your health suffers, and you collapse on the job. What would you do? Would you seek out the help of an employment lawyer to help you seek redress for the damages that you have suffered?
In Los Angeles, one man did just that — and he was recently awarded $17.4 million in damages as a result. Bruce Pearl worked for the Los Angeles Bureau of Sanitation, where he was fired after taking place in certain protected activities and because he filed a complaint with the California Department of Fair Employment and Housing. His co-workers and supervisors falsely perceived him to be gay (he is actually married to a woman), and harassed him as a result, including verbal abuse, hazing and photoshopping a picture of him with a co-worker and circulating the photo among city employees. A colleague of Mr. Pearl informed one of the highest ranking members of the Bureau of Sanitation about the harassment. This official did nothing to help resolve the situation. He was fired for filing a complaint about this treatment, and for being moved to a different facility on the basis of his race. He appealed the termination, and was rehired. After he was reinstated, he was immediately subjected to even more insults, bullying and slurs, still implying that he was gay and involved in a homosexual relationship with a subordinate.
Mr. Peal was so distraught about this harassment that he collapsed at work upon his return, and had to be hospitalized. He never returned to work, instead going on permanent disability as a result of the harassment. He was ultimately diagnosed with depression, hypertension, vertigo, weight loss, heart damage, and emotional distress from the harassment. He then filed a lawsuit against the Bureau of Sanitation for retaliation, sexual orientation discrimination and hostile work environment. The jury awarded Mr. Pearl $15 million in past and future emotional distress damages and approximately $2.4 million in economic damages for lost wages and benefits. In addition, Mr. Pearl was awarded $1.55 million in attorney’s fees. While a court later reduced this judgment by $5 million, it is still a large award.
Both California state and federal law protect employees against workplace harassment.While sexual orientation is not a protected category under Title VII of the Civil Rights Act, the California Fair Employment and Housing Act (FEHA) specifically prohibits employment discrimination due to sexual orientation or assumptions about sexual orientation.
If you have been subjected to harassment or retaliation in the workplace, you will need a top notch employment lawyer to represent you. An employment lawyer can explain how the law applies to your specific case, and can work to ensure that you get the compensation that you deserve for your losses. At PLBH, we have more than forty years of experience helping employees who have suffered workplace discrimination harassment and retaliation. Contact us today at (800) 435-7542 or info@plblaw.com to schedule a consultation and learn more about how we can help you.