-3-
1996. The Humanities Department had an opening for a tenure
track position at that time. Petitioner applied but was not
selected for the position. Petitioner filed grievances against
the University with her union and with California’s Department of
Fair Employment and Housing alleging discrimination in the hiring
process, but her filing the grievances did not change the hiring
decision. The University then effectively terminated
petitioner’s employment, refusing to assign her any courses
beginning the fall 1997 semester. Petitioner retained attorney
Geoffrey Faust to represent her in a lawsuit against the
University.
Lawsuit and Jury Award for Damages
Petitioner filed a complaint against the University.
Petitioner alleged in the complaint that she had been denied the
tenure track position as a result of discrimination in violation
of the California Fair Employment and Housing Act (FEHA), Cal.
Govt. Code sec. 12900-12996 (West 2005). She also alleged that
the University retaliated against her for complaining about the
hiring process by effectively terminating her position, again in
violation of FEHA. Petitioner asserted in the complaint that she
“suffered emotional distress and injury to her professional
reputation” as a result of the University’s actions. Nowhere in
the complaint, however, did petitioner allege that she suffered
personal physical injury or physical sickness, and nowhere in the
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