Problem faced by Client

Our client, a municipal corporation, faced a six count employment lawsuit by a current employee who had filed numerous prior lawsuits against them. This lawsuit was particularly troublesome for the client because of the following factors: 

• The plaintiff was represented by very experienced and aggressive counsel.

• The plaintiff joined other female employees and community activists to demonstrate outside our client’s headquarters where they shouted insults at our client’s top official.

• The allegations of sexual harassment and discrimination resulted in significant newspaper and television media coverage of not only the demonstration but also of specific facts which formed the basis of the alleged discrimination by our client.

• A large number of pornographic magazines were recovered in our client’s workplace and would become evidence at the trial.

• The Plaintiff alleged that she was physically attacked by a co-worker when she refused to submit to his advances.  Photographs of her injuries would also become evidence at trial.

• Plaintiff demanded more than $800,000 to settle prior to trial.

• Other female employees also complained of sexual harassment and at least one other female employee filed suit and obtained an $850,000 verdict against our client prior to plaintiff’s case going to trial.

Outcome Desired by Client

The client did not want to reward the plaintiff or encourage additional suits from other employees by settling a case they felt had no merit.  Consequently, the client made no settlement offer.

Defense Strategy employed by Greene and Letts

Motion for Summary Judgment

Greene and Letts worked closely with the client to prepare a motion for summary judgment that disposed of plaintiff claims of discrimination based on the ADA, Gender, and FMLA.   The only remaining claims were plaintiff’s claims of a hostile work environment and violations of Section 1983.

Motion to Bifurcate

A successful motion to bifurcate was brought just before trial.  This effectively eliminated substantial anticipated evidence of alleged discrimination suffered by female employees other than Plaintiff.

Outcome Obtained by Greene and Letts

After eight days of trial and eight hours of deliberation the jury returned a complete defense verdict on plaintiff’s hostile work environment claim.  Plaintiff’s Section 1983 claim which was contingent on plaintiff successfully prosecuting her Title VII hostile work environment claim was also dismissed.

Client Reaction

The client was extremely satisfied with not only the result but the manner in which the case was handled.