Employer Found Liable Where Supervisor Mocked Employee’s Stuttering Problem

In responding to claim of harassment, discrimination or retaliation based on protected categories, California employers must timely respond to and thoroughly investigate workplace complaints to avoid exposure. On July 9, 2018, a California Court of Appeal court found an employer liable where an employee was mocking a person for having a stutter on more than five, but less than fifteen occasions over a two-year period from 2006 to 2008. In Caldera v. Department of Corrections and Rehabilitation, et al., the plaintiff brought suit after allegedly being subject to jokes over a two-year period of time. The jury awarded plaintiff $500,000. The trial court, finding the jury award excessive, granted a new trial as to damages. Both parties appealed.