If you’ve had a case go to court and didn’t win, that isn’t the end of the road. You can always appeal the case, like this man did. According to the news from March 30, the man had filed a claim that alleged sexual harassment took place where he worked, but he didn’t win. Now, he has in fact won, because a California appellate court reversed the other court’s verdict.
The original case was filed in 2009 and included events that took place over 14 months, starting in March 2008. The 46-year-old man claimed that he had been harassed by two of his supervisors. Both of those supervisors supposedly left their jobs via retirement instead of demotion or termination. The 46-year-old claims that the two supervisors had been part of an internal investigation, but despite this, he believes he was retaliated against for turning in the men. He had been removed from an apprenticeship by his superiors, but he claims he was allowed to return when he complained to people higher in the chain of command.
As if that isn’t strange enough, he believes that he then had false accusations made against him. He believes that he was accused of stealing a city-owned laptop unfairly. He also was allegedly blamed for poor work performance and harassment that he claims he had no part in.
Initially, the 2011 case had ruled against the man, stating that he had proved some parts of the retaliation claims he was making, but he didn’t seem to have suffered any harm. However, the District Court of Appeal in San Francisco disagrees, and now they have ruled in his favor. The justices have also reversed a pretrial ruling that had been thrown out.
The case that had been thrown out included the man’s claims of sexual harassment against the former water treatment plant supervisor and the city. If the city disagrees with this ruling, it has three options now. It can appeal the ruling to the California Supreme Court, settle the case with the man out of court or head to trial again.
No one should have to suffer harassment of any kind in the workplace. Employment attorneys can help victims of discrimination and harassment, helping them fight against employers who allow such actions.
Source: Contra Costa Times, “Court reverses verdict in Benicia sexual-harassment case” No author given, Mar. 30, 2014