$350,000 Jury Verdict in Sexual Harassment and Retaliation Lawsuit Against Medical Practice

Thursday, July 26, 2012

A federal jury has awarded $350,000 in compensatory and  punitive damages to three former employees Endoscopic Microsurgery Associates, a  Baltimore-area medical practice, who were subjected to unwanted sexual advances  by the chief executive officer and the chief financial officer.

According to the EEOC’s suit, Linda Luz, a receptionist for Endoscopic  Microsurgery Associates, P.A. / Mark D. Noar, M.D. & Associates, was  repeatedly subjected to unwanted sexual advances and a sexually hostile work  environment by CEO Dr. Mark Noar and CFO Martin Virga.  After Luz repeatedly rejected the advances,  the medical practice began retaliating against her by issuing to her unwarranted  discipline and rescinding approved leave, which eventually culminated in her  retaliatory termination.  Study coordinator  Jacqueline Huskins similarly experienced unwanted sexual advances from Noar and  Virga, as did nurse Kimberly Hutchinson from Noar.

Sexual harassment and retaliation for complaining about it violate Title  VII of the Civil Rights Act of 1964.  The  EEOC filed suit after first attempting to reach a pre-litigation settlement  through its conciliation process.

The Baltimore jury of nine returned a unanimous verdict finding  that the claimants were entitled to compensatory damages in amounts ranging  from $4,000 to $10,000, and awarded each claimant punitive damages in the  amount of $110,000. 

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