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Clifford v. American Drug Stores8/22/2005
isorder, depression, and a panic disorder in remission, all as a result of what had happened to her in the workplace. In addition to counseling and medications, Dr. Greils recommended to Sav-On that it monitor Clifford's work environment, cease any retaliation, and improve communication. By eliminating any description of Clifford's injuries and particular vulnerability, as well as Sav-On's knowledge of them, Sav-On set up an argument that its failure to follow Dr. Greils's recommendations was mere negligence.
For example, without evidence of Clifford's particular vulnerabilities, Sav-On successfully neutralized such evidence as the delays in Clifford's paychecks, Sav-On's questioning of her medical restrictions, and its transferring her without consulting her to a store involving a long commute and Saturday work, and allowed it to claim that the transfer was not retaliatory, but was in fact, an accommodation.
In addition, exclusion of evidence of Clifford's mental state prior to June 1999, precluded her from proving circumstantially that Sav-On's managers were aware of Clifford's emotional distress and vulnerability when they engaged in unlawful employment practices between June 1998 and June 1999. For example, in the first trial, Clifford testified that she complained to Thompson three times. After the first time, Thompson told her that if she reported Doose, she would be blackballed and could kiss her career good-bye. After Doose assaulted her on the stairway, Thompson told her to talk to him again. After Doose assaulted her on the desk in the bookkeeper's office, Clifford was crying and was emphatic when she told Thompson about it.
In the second trial, without evidence of Clifford's expressions of emotional distress, Thompson's failure to follow company policy by reporting the sexual harassment to human resources appears to be an innocent omission caused in part by Clifford's apparent lack of urgency about the problem.
In addition, Clifford testified in the first trial that between October 1998 and April 1999, she suffered ever worsening anxiety and depression, severe panic attacks, debilitating migraines, dizziness, and very frequent vomiting. Throughout that period, Weber and Casillas continued their frequent visits to her store, at least three times a week, making an issue of little things that were not an issue before. Clifford's employees watched her closely and reported to Weber. She often found merchandise in her purse, or after setting off an alarm, she would find security tags in her purse or attached to her clothing. Finally, in a scenario reminiscent of the classic film, Gaslight, Weber claimed several times in one day that he had not received schedules that she had e-mailed or faxed more than once, and he demanded repeated revisions, calling her stupid or an idiot.
Since Weber, Casillas, and employees reporting to them were keeping such a close watch on Clif
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