Post by privateatty on Jan 24, 2008 20:09:16 GMT -5
jagghagg said:
Verdict of Woman Spanked at Work OverturnedLawyers: No discrimination because spankings given to men and women
The Associated Press
updated 11:12 a.m. CT, Thurs., Jan. 17, 2008
FRESNO, Calif. - An appeals court overturned a $1.5 million verdict awarded to a woman who was spanked in front of coworkers in what her employer called a camaraderie-building exercise.
A jury in 2006 had ruled that Janet Orlando had suffered sexual harassment and sexual battery when she was paddled at home security company Alarm One Inc. The jury punished the company with a $1 million punitive damage award. But on Monday, a three-judge panel of the state Court of Appeal overturned that verdict, ruling that the jury had been given improper instructions. In particular, the jury wasn't instructed that one vital element of proving that sexual harassment occurred is showing the action was directed at a woman because of her gender.
Lawyers for Alarm One, an Anaheim-based, 300-employee company, said that the spankings were not discriminatory because they were given to both male and female workers and that Orlando and others willingly took part.
Orlando's attorney, Nicholas "Butch" Wagner, vowed to take the case to trial again. "We may get more this time," Wagner said. But K. Poncho Baker, the attorney who defended the company at trial in 2006, said that because the company has since gone into bankruptcy and its insurance was exhausted battling Orlando's claim and settling with three other co-workers, there maybe little left to recover. "Good luck retrying this one," Baker said.
Orlando quit the company in 2004, less than a year after she was hired at the Fresno office, saying she was humiliated during the company's team-building practices. Employees were paddled with rival companies' yard signs as part of a contest that pitted sales teams against one another. The winners poked fun at the losers, throwing pies at them, feeding them baby food, making them wear diapers and swatting their buttocks.
The company has since abandoned the practice.
© 2008 The Associated Press. All rights reserved.
The mind boggles on how to respond to this. You're the Judge-dealing with Poncho and Butch. Would it be a slip to call them by their first names? And the plaintiff? Would you opt for a physical demonstration of the spanking to make your point? And let's not forget the the defense that won the day--that this was not sexually discriminatory? Wouldn't Butch be sensitive to this defense? And why focus on the spanking? Why not the diapers? Why not call a regressive therapy expert? And why not allege that you were allergic to the pies? And where are the damages? Did she lose time from work for refusing to be spanked? She did it willingly! I could go on and on...But I can see where jagghagg would have paid to defend this one.
Kudos to shadow for being honestly wistful about the spanking.