Category Archives: sexual harassment lawyer san diego

San Diego Sexual Harassment Lawyer

 

San Diego Sexual Harassment Lawyer by Hogue & Belong Law Group

Case: Jane Doe v. Roe Hospital

Court: Arbitration

Date: August 23, 2017

Result: Hogue & Belong obtained a confidential settlement of $325,000.00

Facts & Allegations

San Diego Sexual Harassment LawyerA female employee who worked at a drug rehabilitation center was sexually harassed by a female supervisor (“Kimberly Smith”). Kimberly Smith invited Jane Doe over to her house, whispered and pressed her lips against Jane Doe’s ears, and gave her tight prolonged hugs. Kimberly Smith also talked about her sex life, and touched Jane Doe’s leg while driving in her car during work. Once Jane Doe complained to human resources, Kimberly Smith started putting Jane Doe under closer scrutiny. Shortly thereafter, Jane Doe was placed on suspension, and then later fired. Through their investigation, Hogue & Belong uncovered that Kimberly Smith sexually harassed another former employee, and that employee was forced to quit. learn more


San Diego Sexual Orientation Discrimination (Harassment) Attorney

Case:  Deborah Hardison v. Hinkle Automotive Management Company, Inc., Poway CJ, Inc., Wes Hinkle, individually and Steven Ausencio, individually (Case No. 37-2009-00082050-CU-OE-CTL)

Court:  Superior Court of San Diego County, San Diego

Judge:  Luis Vargas

Arbitrator: Thomas Neal Thrasher

Date:   July 8, 2010

Result: The parties agreed to a global settlement whereby for $135,000.

Facts & Allegations

Plaintiff, Deborah Hardison, a lesbian in her late 40s and parts driver, worked in the parts department at the Poway Chrysler Jeep Dodge dealership in Poway, CA, that was owned and operated by Hinkle Automotive Management Company, Inc.  During her employment, she claimed she was subjected to sexual harassment and discrimination by her supervisor, Steven Ausencio, and other employees of the parts department. She was then terminated from her position in February 2008.

San Diego Sexual Orientation Discrimination (Harassment) AttorneyHardison and other witnesses testified that Ausencio regularly called her, “pussy-eater” and “carpet-muncher” and would refer to her as “dyke,” “lesbian,” “man,” “dude,” and “that dude over there.” Hardison claimed Ausencio would flick his tongue up and down suggestively and that he also admittedly simulated masturbation by rubbing his neck and spitting spastically at her feet.

Hardison recounted that Ausencio told her he could “switch her to the other side” if she would just “blow him,” and, “[t]his is a man’s world; if you don’t like it, I can give you your walking papers.” Hardison testified that Ausencio showed her his penis on two occasions and grabbed her from behind in a bear hug and thrust his genital area into her back and buttocks. She alleged other misconduct as well.

Hardison claimed she complained to the general manager about some of the misconduct and that he told her that he would handle the situation and that the very next day, Ausencio ordered Hardison never to go over his head again “or else” and reminded her that everyone in the parts department had his back. Hardison claimed the harassing treatment escalated at that point, and Ausencio issued multiple write-ups to her and eventually terminated her.

Hardison sued Poway CJ, Ausencio, Hinkle Automotive Management Company, Inc. and Wes Hinkle all for sexual harassment and discrimination, based on her sexual orientation, as well as wrongful termination.

Defendant, Poway CJ filed bankruptcy and stayed the action.  Hogue & Belong successfully lifted the bankruptcy stay.  The case was eventually ordered to arbitration.

Defendants’ denied all of Hardison’s allegations, claiming that she had an attendance problem, and was a poor performer.

Plaintiff Attorney(s): Hogue & Belong learn more

Defense Attorney(s): Christopher C. Hoffman & Megan C. Winter, Fisher & Phillips, La Jolla, CA (Hinkle Automotive Management Company, Inc., Poway CJ, Inc., Wes Hinkle); and Jerrilyn T. Malana, Littler Mendelson, PC, San Diego, CA (Steven Ausencio)

 


Distinctions

Hogue Belong Law Sexual Harassment Attorneys Million Dollar Advocate

Contact Us

Hogue & Belong Law
170 Laurel Street
San Diego, CA 92101
Contact Form
(619) 238-4720 (office)
(619) 270-9856 (fax)
inquiries@hoguebelonglaw.com

Why Hogue & Belong

At Hogue & Belong Law, we offer experienced Antitrust, Class Action Lawsuit and Sexual Harassment Attorneys in San Diego, Orange County, Los Angeles County, Riverside County, and San Bernardino County.