stewart v. aaps: how a high-stakes case won justice for a woman who spoke out at work

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STEWART V. AAPS: How a Woman Won $47 Million After Speaking Out Against Sexual Harassment and Illegal Activity Presented By

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Page 1: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

STEWART V. AAPS:

How a Woman Won $47 Million After Speaking Out Against Sexual Harassment and Illegal Activity

Presented By

Page 2: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

At Hilaire McGriff PC, we help the victims of

employment discrimination, harassment and

retaliation speak up against the people and

institutions that cause them harm. Learn how we

helped win $47 million for a brave woman who raised

her voice.

40,000: The number of people who report

retaliation in the workplace every year.

Many more instances go unreported.

Page 3: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

IN THIS PRESENTATION, WE WILL DISCUSS:

• What our client faced and how she fought back

• What constitutes retaliation in the

workplace

• What you should do if you see illegal

activity in the workplace or face retaliation

Page 4: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

Patricia, a dermatologist, was the victim of a “good ol’

boys’ club.” She accused the American Association of

Physician Specialists, Inc. (AAPS) of sending racially

insensitive and gender-discriminatory emails,

including pornographic images of patients on gurneys,

and of retaliating against whistleblowers.

That’s when she began to face retaliation herself.

VICTIM OF THE GOOD OL’ BOYS CLUB

Page 5: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

MEMBERS OF THE AAPS RETALIATED

The AAPS revoked her position as AAPS governor,

sent defamatory emails about her, made false

accusations at an annual meeting, terminated her

membership and caused her to lose board

certification as a dermatologist.

She fought back.

THE RESULT? $47 million damages verdict,

including $20 million in punitive damages.

Page 6: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

Patricia’s legal team used a clear presentation to tell

her story, including a video montage that showed the

jury what she faced. They found holes in the AAPS’s

witnesses and had them excluded

from trial.

Yet, most importantly, Patricia won because

she spoke up.

HOW SHE WON

Page 7: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

IT TAKES BRAVERY TO RAISE YOUR VOICE.

But if you don’t, who will?

Page 8: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

WHAT IS RETALIATION?

Retaliation is an adverse employment action against an

individual for raising a concern, filing a discrimination

charge, refusing to obey a discriminatory order or

blowing the whistle on illegal conduct.

Page 9: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

• Did your employer fire you for filing a

discrimination charge?

• Did your employer deny you a promotion for refusing

to obey a discriminatory order?

• Did you raise concerns about harassment in the

workplace and face threats?

• Were you the victim of harassment, unjustified

evaluations or increased surveillance?

• Do you have a reason to believe your employer’s

actions against you are related to a concern you raised?

SIGNS THAT YOU ARE THE VICTIM OF RETALIATION:

Page 10: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

RECORD YOUR INTERACTIONS with your

employer. Keep a journal. Create a paper trail.

WAIT UNTIL YOU ARE CALM to approach your

employer.

DO NOT REQUEST OR ACCEPT BRIBES from

your employer in return for your silence.

SEEK THE HELP OF AN ATTORNEY.

WHAT YOU CAN DO

Page 11: Stewart v. AAPS: How a High-Stakes Case Won Justice for a Woman Who Spoke Out at Work

• Lost wages

• Economic damages

• Money for your pain and suffering

• Future financial damages

• Punitive damages

• Legal fees

• Reinstatement of your job, license or membership

Patricia’s verdict is an outlier and not typical in retaliation

cases, but it shows that justice can be achieved. Speak up

to hold the institution that caused you harm accountable

and possibly recover: