James Stevens, a former inventory clerk at a Vons store in Simi Valley, alleged that manager Laura Marko had harassed him and other employees by making sexually explicit comments. Then, after Stevens complained, Marko falsely told people that Stevens was a pervert, and that he was calling her home and harassing her. Vons interviewed six employees and concluded that Stevens’ allegations couldn’t be substantiated.
Now, Stevens has been awarded $2.4 million by a California jury (he was actually awarded a whopping $18.4 million initially, but that amount was reduced on appeal).
So what did Vons do wrong? Plenty.
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First, Vons decided to transfer Stevens to another store while leaving Marko in her position, claiming that there was nowhere to readily transfer her. Then, Vons managers made inconsistent statements about whether or not they found evidence that Marko had sexually harassed Stevens and others. While the official report stated that Stevens’ allegations against Marko were “unsubstantiated,” a Vons HR director verbally confirmed that there was “no doubt” that Marko made sexually inappropriate statements to her subordinates. Nonetheless, Marko was never disciplined, while Stevens was transferred.
Not long after his transfer, Stevens was fired. Vons claimed that he had made a donation, worth $76, of expired coffee and filtered water to a church without authorization—even though Vons routinely donated these types of items to that same church. The jury didn’t buy it, and concluded that Vons really terminated Stevens in retaliation for having made complaints against Marko, and for generally being a squeaky wheel.
We’ll have the full story on this case, and what you can do to avoid a similar fate, in an upcoming issue of California Employer Advisor.