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or privileges of employment; for any employer to discharge,
expel, or otherwise discriminate against any person because
the person has filed a complaint, testified or assisted in
any proceeding regarding a complaint of discrimination or
sexual harassment; and, for any employer to fail to take all
reasonable steps necessary to prevent discrimination and
harassment from occurring.
Petitioner’s second and third causes of action were for a
“wrongful termination in violation of public policy” and for the
“intentional infliction of emotional distress”, both based upon
the acts related to the alleged sexual discrimination and
harassment. Petitioner further alleged that as a result of each
of the three claims, she suffered “emotional harm, severe mental
anguish, nervous shock, grief, shame, humiliation, embarrassment,
anger, loss of income and loss of employment opportunities.”
Finally, the complaint sought judgment for past and future loss
of income and employment benefits; general, special, and punitive
damages; pre-judgment interest; and attorney’s fees and costs.
On May 21, 1999, petitioner filed with the California court
a document titled “Plaintiff Carrie Murray’s Ex Parte Application
to Continue Status Conference Re Arbitration Completion”. In
this document, petitioner stated that “This is an action for
sexual harassment brought by Plaintiff Carrie Murray”. No
mention was made of the physical injury to petitioner’s hand.
In a document prepared by the May Company titled “Mandatory
Settlement Conference Statement” and dated September 1, 1999, the
underlying case was described as “a sex harassment, hostile work
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