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eBook details

• Title: Brown v. Scott Paper Worldwide Co.
• Author : Supreme Court of Wyoming
• Release Date : January 13, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

Beverly Brown appeals the dismissal on summary judgment of her claim of disability discrimination against her employer, Scott Paper Worldwide Company (Scott Paper) and against six of its managers, and her claim of sexual discrimination and sexual harassment against the six managers individually (the managers). Brown contends that the trial court erred in ruling as a matter of law (1) that the evidence was insufficient to establish that the defendants had notice of her alleged disability before Scott Paper took the adverse employment action and (2) that the managers could not be sued individually for employment discrimination. After the summary judgment ruling, Browns claims of sexual harassment and sexual discrimination against Scott Paper were tried to a jury, which rendered a defense verdict. Brown does not appeal the judgment in favor of Scott Paper that followed the jury verdict. The managers contend that even if the trial court erred by dismissing the sexual discrimination and harassment claims against them, under the doctrines of res judicata and collateral estoppel the jury verdict finding Scott Paper not liable for sexual harassment and discrimination bars Brown from making identical claims against the managers. We affirm the summary dismissal of the disability discrimination claim, but reverse the summary dismissal of the sexual discrimination and harassment claims against the managers individually. Individual managers who meet the statutory definition of employers may be held liable for their own acts in violation of RCW 49.60. Brown is not barred from proceeding with her sexual discrimination and harassment claims against the managers by the doctrine of res judicata or collateral estoppel, because we cannot conclusively determine from the trial record whether the jury rendered a defense verdict based on a defense that was personal to Scott Paper.

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