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Jury awards no damages in sex discrimination trial against Baker Tank

A Federal jury awarded no damages to a plaintiff who sued her employer for sexual discrimination and harassment. The trial was held in Marshall, Texas’ Federal Courthouse and was presided over by U.S. Chief District Judge Rodney Gilstrap. The trial lasted three days.

The case began when the plaintiff filed a complaint with the Equal Employment Opportunity Commission (EEOC) alleging her employer, Smith County Baker Tank, ignored her complaints of sexual harassment, discrimination and a hostile work environment. The lawsuit alleged violations of Title VII, the Lilly Ledbetter Fair Pay Act, the Equal Pay Act and the Texas Employment Discrimination Act. The lawsuit claimed that throughout the plaintiff’s employment at Baker Tank’s Arp facility, she earned less than her male co-workers with similar jobs and was also subjected to sexual harassment and a hostile work environment. She alleged that male co-workers and supervisors would make sexist and inappropriate comments and engage in inappropriate behavior in her presence.

The plaintiff was seeking punitive damages between $48,000 and $480,000 as well as $15,000 in compensatory damages for lost pay. Further, the plaintiff sought damages for physical and emotional pain due to the discrimination and hostile working environment in the amount of $50,000 to $150,000, which represented her yearly salary for the three years she worked at Baker Tank.

The jury denied the plaintiff’s pay gap claim and found that she did not prove that she was paid less than her male counterparts because she was female. The jury also found that although she did prove that more than one co-employee harassed her because of her sex, this harassment did not rise to the level of creating a hostile work environment that would alter the terms of her employment. Therefore, the jury awarded no damages to the plaintiff.

Attorney Gregory D. Jordan is an employment attorney who represents employers and employees with offices in the Austin area. To learn more, visit http://www.theaustintriallawyer.com/

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