06/21/07 (MA):
HR Expert Helps Plaintiff Win In Wal-Mart Discrimination Case
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In an unusual, if not unprecedented move, a plaintiff was able to call an expert witness in human resource department practices to help win her case. Indeed, the jury was convinced that the defendant company had discriminated against the plaintiff and awarded nearly $2 million to the former Wal-Mart pharmacist who claimed she was paid less then her male counterparts and then fired in retaliation for complaining.
Plaintiff Cynthia Haddad worked for more than 10 years at the Pittsfield Wal-Mart. She complained that the retail giant laid her off after she asked to be paid the same as her male counterparts, including a bonus given to pharmacy managers. The company paid the bonus, then fired her two weeks later.
Wal-Mart said the pharmacist was laid off because she left the pharmacy unattended during a period in which an authorized prescription was written by a technician.
The jury had heard from North Andover attorney Julie A. Moore, an employment consultant.
She testified about how a corporation is supposed to adopt policies and procedures, and about communicating them to the workforce. The defense had no expert on the issue of the standard of treatment when companies adopt, enforce and communicate policies to employees.
The defense tried to prevent Atty. Moore from testifying. After an hour long voir dire before Judge Agostini, the judge ruled that she was qualified to testify on issues regarding policies and procedures.
An economist and a pharmacy expert also testified for the plaintiffs.
The jury of eight women and four men aged 24 to 76 returned a verdict that included just under $1 million in compensatory damages and $1 million in punitive damages. The compensatory damages included $95,000 in back pay, $733,307 in front pay, $125,000 in emotional distress damages and $17,700 in medical specials.
A national class-action lawsuit by female employees over alleged wage inequities is in the works but, as a professional employee, Haddad was not eligible to join the class.
© X-Pro 2007
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