Friday, October 24, 2014

Employer Litigation Scorecard Underscores the Risk of Operating a Business in California

I regularly see plenty of anecdotal evidence of California's hostility toward business. Oppressive legislation, mind-numbing bureaucracies, and hyper-aggressive litigants and judges dominate our employment landscape.  But seldom do I see such a great quantification of just how dangerous our state is for an employer.  The good folks over at LawRoom quantified it over the last three months.

See a recurring theme in that jurisdiction column?

The following graphs and statistics highlight selected employment law claims throughout
the United States that went to trial or settled between July and September 2014.

TYPE OF CLAIM

Discrimination & Harassment (total)
EMPLOYEE WINS

45%
MEDIAN  WIN

$152,500
CASES REPORTED

71
Age Discrimination
17%
$900,000
6
Disability Discrimination
44%
$105,000
25
Race/National Origin Discrimination
50%
$1,100,000
12
Religion Discrimination
33%
$507,913
3
Sex Discrimination
54%
$40,000
13
Sexual Harassment
50%
$127,500
12

Pay & Overtime

76%

$1,673,969

42
Retaliation & Whistle-blowers
41%
$100,000
22
Overall Statistics (All Categories)
54%
$475,000
136



AGE DISCRIMINATION


RESULT


AMOUNT


JURISDICTION
EEOC v. DSW (Designer Shoe Warehouse)
Settlement
900,000
Illinois
Johns v. Lew (IRS)
Bench
Defense
California
Kebriaiy v. Union Bank
Bench
Defense
California
Doe v. The Boeing Company
Bench
Defense
California
Dunn v. Trustees of Boston College
Bench
Defense
Massachusetts
Delaney v. Bank of America
Bench
Defense
New York

PAY & OVERTIME
RESULT
AMOUNT
JURISDICTION
Gravina v. City of Los Angeles
Settlement
26,000,000
California
Wilson v. Walgreen
Settlement
23,000,000
California
Wallace v. Countrywide Home Loans
Settlement
10,500,000
California
Shephard v. Lowe's
Settlement
6,500,000
California
US DOJ v. LinkedIn
Settlement
5,855,841
California
Prizler v. AT&T Mobility Services
Settlement
5,000,000
California
Gonzalez v. Universal Alloy
Settlement
4,750,000
California
US DOJ v. Shell Oil
Settlement
4,470,764
Texas
Vaca v. Tin (Temple-Inland), Int'l Paper
Settlement
2,875,000
California
De La Torre v. Johnson Controls
Settlement
2,800,000
California
Maraventano v. Nordstrom
Settlement
2,700,000
California
Silvestro v. NLP
Bench
2,192,000
California
Rangel v. Fedex Ground Package System
Settlement
2,100,000
California
Alejandro v. Air Express International
Settlement
1,750,000
California
Cruz v. Sky Chefs
Settlement
1,750,000
California
Connolly v. Weight Watchers
Settlement
1,687,500
California
US DOJ v. B & D Contracting
Settlement
1,660,438
Louisiana
Bell v. Delta Air Lines
Settlement
1,415,444
California
Thio v. Genji
Settlement
1,250,000
California
Mansfield v. Southwest Airlines
Settlement
1,000,000
California
Christensen v. Hillyard
Settlement
750,000
California
Banos v. Mohammedi (Southland Construction)
Settlement
648,929
California
Harris (US DOL) v. Rama Food Mfg
Settlement
195,400
California
Harris (US DOL) v. Interior Magic of CA
Settlement
180,521
California
Perez (US DOL) v. Demko (Fashion Graphics)
Settlement
171,000
California
Cappuccio v. Pepperdine University
Verdict
120,000
California
Perez (US DOL) v. Alkanan
Settlement
77,000
California
Green v. Lawrence Service Company
Bench
60,000
California
Alam v. Hawks International Security
Bench
56,581
California
Heredia v. Fu-Gen
Verdict
21,015
California
Williamson v. Geisler (GS Entertainment)
Settlement
18,450
California
Villa-Estrada v. Priority Building Services
Settlement
17,500
California
Chaplin v. Provident Savings Bank
Bench
Defense
California
Rau v. Mission Ranch Primary Care
Bench
Defense
California
Shahmerzaian v. Acad. for Salon Professionals
Bench
Defense
California
Lopez v. Lucky Chances
Bench
Defense
California
Rhea v. General Atomics
Bench
Defense
California
Araquistain v. Pacific Gas & Electric
Bench
Defense
California
Mireles v. Paragon Systems
Bench
Defense
California
Debham v. FedEx Home Delivery
Bench
Defense
Massachusetts

RETALIATION
RESULT
AMOUNT
JURISDICTION
Hager v. County of Los Angeles
Verdict
2,500,000
California
Avila v. Los Angeles Police Department
Verdict
629,400
California
Bedford v. City of Los Angeles
Settlement
500,000
California
Stone v. County of Lassen
Settlement
350,000
California
EEOC v. Goodwill Industries
Settlement
100,000
Oklahoma
Montana v. City of Oakland
Settlement
96,000
California
EEOC v. Bertolini
Settlement
92,500
Tennessee
EEOC v. Turner Machine Company
Settlement
80,000
Tennessee
EEOC v. Cardiac Science
Settlement
50,000
Wisconsin
Peter-Palican v. Gov't of N. Mariana Islands
Bench
Defense
CNMI
Nielsen v. AECOM Technology
Bench
Defense
New York
Cox v. Onondaga County Sheriff's Department
Bench
Defense
New York
Nielsen v. AECOM Technology
Bench
Defense
New York
Liu v. Siemens
Bench
Defense
New York
University of Houston v. Casey
Bench
Defense
Texas
Price v. Texas Alcoholic Beverage Commission
Bench
Defense
Texas
Brewer v. College of the Mainland
Bench
Defense
Texas
Valdez v. Recon Services
Bench
Defense
Texas
Claxton v. County of Orange
Verdict
Defense
California
Thulin v. Gateway Unified School District
Verdict
Defense
California
Munson v. Splice Communications
Verdict
Defense
California
Alldridge v. Behavioral Health Services
Verdict
Defense
California

SEX DISCRIMINATION
RESULT
AMOUNT
JURISDICTION
Kuwahara v. Asahi Gakuen
Verdict
1,300,000
California
US DOJ v. Great Plains Coca-Cola Bottling Co.
Settlement
475,000
Oklahoma
EEOC v. Royal Tire
Settlement
182,500
Minnesota
EEOC v. V&B (Merry Maids)
Settlement
40,000
Wisconsin
EEOC v. Triple T Foods
Settlement
30,000
Arkansas
EEOC v. Kevin & J Company
Settlement
15,000
Tennessee
EEOC v. Lee's Food (Food Rite)
Settlement
10,500
Virginia
Fromson v. Georgia Pacific
Bench
Defense
California
Knitter v. Corvias Military Living
Bench
Defense
Kansas
EEOC v. Port Authority of N.Y. and N.J.
Bench
Defense
New York
Clark v. Cache Valley Electric
Bench
Defense
Utah
Vallin v. ESP Computer Services
Verdict
Defense
California
Daniels v. State of CA Dept. of Corrections
Verdict
Defense
California

SEXUAL HARASSMENT
RESULT
AMOUNT
JURISDICTION
Davies v. Kiewit Pacific Company
Settlement
1,000,001
California
Andrade v. PF Chang's Bistro
Settlement
931,200
California
EEOC v. JEC Enterprises (McDonald's)
Settlement
200,000
New Mexico
EEOC v. Superior Electric
Settlement
55,000
Wyoming
EEOC v. CSK Auto (O'Reilly Auto Parts)
Settlement
35,000
Illinois
EEOC v. Sal's Mexican Restaurant
Settlement
15,000
California
Klein v. Walt Disney
Bench
Defense
California
Patterson v. Domino's Pizza
Bench
Defense
California
Muhammad v. Caterpillar
Bench
Defense
Illinois
Brewer v. College of the Mainland
Bench
Defense
Texas
Wherry v. Award (Century 21 Award)
Verdict
Defense
California
Sweet v. Russell Construction
Verdict
Defense
California

DISABILITY DISCRIMINATION
RESULT
AMOUNT
JURISDICTION
Atkins v. City of Los Angeles
Verdict
12,304,368
California
Jordan v. City of Long Beach
Verdict
1,168,165
California
Ko v. Square Group (The Square Supermarket)
Verdict
723,646
California
EEOC v. Walgreen
Settlement
180,000
California
Izaguirre v. Int'l Coffee & Tea (The Coffee Bean)
Verdict
125,000
California
Lacy v. San Francisco Zoological Society
Settlement
105,000
California
EEOC v. Genesis HealthCare
Settlement
75,000
New Jersey
EEOC v. MPW Industrial Services
Settlement
37,500
Pennsylvania
EEOC v. SunBridge Regency-North Carolina
Settlement
35,000
North Carolina
EEOC v. Famous Chicken (Popeye's)
Settlement
25,000
Texas
EEOC v. RockTenn (Smurfit-Stone)
Settlement
20,000
South Carolina
Mendoza v. Roman Catholic Archibishop of LA
Bench
Defense
California
De La Cruz v. El Pollo Loco
Bench
Defense
California
Rollins v. Community Hospital of San Bernardino
Bench
Defense
California
Ramirez v. Reeve-Woods Eye Center
Bench
Defense
California
Shamir v. SCCA (Saks Fifth Avenue)
Bench
Defense
California
Smith v. Time Warner Cable
Bench
Defense
California
Ortiz v. Board of Education
Bench
Defense
Illinois
Vazquez-Rivera v. Figueroa
Bench
Defense
Puerto Rico
Collazo-Rosado v. University of Puerto Rico
Bench
Defense
Puerto Rico
Martins v. Rhode Island Hospital
Bench
Defense
Rhode Island
Young v. Service Employee Intl. Union Local 1000
Settlement
Defense
California
Martinez v. TJS Enterprises
Verdict
Defense
California
McKnight v. City of Santa Monica
Verdict
Defense
California
Kao v. The University of San Francisco
Verdict
Defense
California

Source: LawRoom.com, gated.