Fabricated Evidence Leads to $9.2 Million Employer Liability

Based on evidence that the employer fabricated evidence in a sexual harassment lawsuit, a federal district court judge in Atlanta struck the defendant’s answer to the complaint and told the jury that the allegations in the complaint must be accepted as fact.

The judge reportedly took the action after evidence was presented that the employer had forged the signature on an affidavit contradicting the claim that he had groped the complainant at work.

According to the complaint, the defendant employer had a history of touching employees on their private parts and making inappropriate sexual comments, but that nothing was done to correct or deter his behavior. The complainant alleged that she left her job after the employer cornered her and groped her for several seconds, and encouraged another employee to do the same after she told him to stop. When she filed her lawsuit, she further alleged that the employer tried to pressure customers to complain about her and pressure current employees to “deny what they saw him do or say.” She also said that he threatened her, her subsequent employer and others if she did not drop her lawsuit.

The jury awarded $2 million for assault and battery; $3.1 million for negligent retention; $1,050,000 for the sexual harassment; $2.5 million for retaliation; $500,000 for the threats and intimidation; and $50,000 for lost wages and benefits. Forsberg v. Pefanis; Jury Verdict.