Bracken v. Equinox Holdings CA2/7
Susan Bracken, a former Pilates instructor at Equinox Holdings, Inc.’s fitness facility in West Hollywood, sued Equinox and Derek Mallard, a former massage therapist and fellow employee, alleging Mallard had sexually assaulted her during a massage and Equinox had wrongfully terminated her while she was on medical leave following the assault. A jury found in favor of both Mallard and Equinox, concluding in a special verdict that Mallard had not subjected Bracken to unwanted sexually harassing conduct (by a vote of 10 to two) and, although Equinox was aware Bracken suffered a disability that limited her ability to work, Bracken was not able to perform essential job duties with reasonable accommodations for her disability (by a vote of 11 to one).
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