JONES v. LODGE AT TORREY PINES PARTNERS. PART III
Jury finding that employee's exclusion from management and planning meetings and unwarranted disciplinary probation was sufficiently injurious to his career to constitute an adverse employment action was supported by substantial evidence, including proof that plaintiff had been harassed on the basis of sexual orientation, that he had complained unsuccessfully about the harassment, and that the probation and exclusion from meetings were the culmination of a series of negative responses by supervisor to employee's apparently justified complaints about behavior of supervisor and another employee. Supervisor may be held liable for retaliation under Fair Employment and Housing Act. Grant of new trial constituted reversible error where based on unduly restrictive interpretation as to what constitutes an adverse employment action. Trial court order granting new trial on ground of excessive damages did not satisfy statutory requirement for statement of reasons where court merely concluded that the award "bears no relationship to the special damages or facts in this case" and "effectively amounts to an award of punitive damages."
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