Publication: Cook County Jury Verdict Reporter Published: 1/26/2007
(YY 15/4) CIVIL RIGHTS--EEOC WINS CASE FOR SEXUALLY HARASSED SALESWOMEN (14)
Equal Employment Opportunity Commission, Catherine Copello, Allison Kennedy v Custom Companies Inc., Custom Distributor Network Inc. 02C-3768 consol. w/03C-2293 Tried Nov. 6-16, 2006
Verdict: $2,355,000 v both defts: $100,000 compensatory, $1,000,000 punitive to Catherine Copello on Sexual Harassment claim; $60,000 compensatory, $300,000 punitive to Catherine Copello on Retaliation claim; $50,000 compensatory, $500,000 punitive to Allison Kennedy on Sexual Harassment claim; $35,000 compensatory, $150,000 punitive to Allison Kennedy on Retaliation claim; $60,000 compensatory (attorneys' fees), $100,000 punitive to Kimberly Fritkin on Retaliation claim.
Judge: Harry D. Leinenweber (USDC IL NE)
Pltf Atty(s): Richard J. Mrizek and Deborah L. Hamilton of U.S. Equal Employment Opportunity Commission for Equal Employment Opportunity Commission DEMAND: none ; Michael D. Robbins of Michael D. Robbins & Associates and Marty Denis of Barlow, Kobata & Denis for Copello , Kennedy Deft Atty(s): James D. Dasso, David B. Goroff and Diane E. Gianos of Foley & Lardner for both defts OFFER: none
The EEOC filed suit on behalf of women employees of The Custom Companies Inc., a trucking company headquartered in Northlake, IL, claiming defts engaged in a pattern or practice of discrimination against the women because of their gender, subjecting them to a hostile, abusive and hyper-sexualized work environment and failing to take prompt remedial action to eliminate the harassment after becoming aware of it. Pltf-intervenor Catherine Copello worked as a sales representative for defts from October 1994 until she was fired in November 1999 and pltf-intervenor Allison Kennedy worked for the company for two months during the fall of 1998, before being terminated. A third employee, Kimberly Fritkin, represented by the EEOC and included in the verdict, but not individually named, was employed by defts during 2002. All of the women claimed they were subjected to obscene comments, jokes, pornography and sexual propositions, and were expected to entertain customers and potential clients at "gentlemen's" or "strip" clubs. Photographs introduced by pltfs at trial provided evidence that strippers in revealing attire were positioned around the golf course at deft-sponsored golf outings for customers. Pltfs contended that when they objected to these practices, defts retaliated by reducing their pay,
demoting and ultimately terminating and failing to rehire them. Additionally, Ms. Fritkin claimed that when she filed her complaint with the EEOC which led to the filing of a lawsuit (later consolidated with this suit), defts retaliated by suing her in 2004, in a contract action (still pending) in state court, for return of an amount paid to her which, they alleged, was a "draw," rather than salary. Pltfs claimed they suffered emotional distress, embarrassment, humiliation and lost wages. Defts contended that many of the incidents described by pltfs never happened, maintaining the saleswomen were poor performers, attempting to mask their inadequacies. With respect to Copello and Kennedy, defts were found guilty of sexual harassment and retaliation. With respect to Fritkin, the jury found defts not guilty of sexual harassment, but guilty of retaliation, and awarded her expenses in defending the retaliatory lawsuit filed against her by deft. Title VII mandates caps on awards of compensatory and punitive damages, based on the number of employees a deft employer has. Post-trial motions on this issue are pending.
Jury Verdict Reporter, © 2012 Law Bulletin Publishing Company
