Rolon v. Home Depot U.S.A., Inc.

Outcome: defendant served plaintiff with an offer to compromise for $60,001, plus reasonable attorneys fees and costs. Plaintiff accepted. The Court awarded $165,000 in attorneys fee plus $9,053 in costs plus interest

Description: On November 6, 2002, Home Depot U.S.A., Inc. hired Mayra Rolon as a cashier. In March 2003, Rolon discovered that she was a high-risk pregnancy and notified her supervisor. On Sept. 24, 2003, Home Depot terminated Rolon's employment, claiming Rolon violated company policy resulting from an incident involving $500 cash loss to the company. Rolon broght an action against Home Depot alleging, among other things, discrimination/failure to accommodate her pregnancy. Plaintiff asserted that after she notified her supervisor of her high risk pregnancy, Home Depot transferred her to the Bookkeeping/Vault Department. While in that department, her supervisor stated that pregnant women should not be in the department, exposed her to chemicals, and fabricated a discipline notice about her. Further, the plaintiff claimed that Home Depot falsely accused her of stealing money. Rolon was interviewed by the loss prevention center regarding the missing $500. The loss prevention person accused Rolon of taking the money for her unborn child and/or to have an abortion. After several hours of questioning, rolon started experiencing contractions and took the rest of the day off. When she came back to work, Home Depot fired her for company violations. On May 1, 2007, after mediation with Gig Kyriacou, defendant served plaintiff with an offer to compromise for $21,001, which included attorneys fees plus costs. Plaintiff rejected this offer. On April 4, 2008, after mediation with Nikki Tolt, defendant served plaintiff with an offer to compromise for $60,001, plus reasonable attorneys fees and costs. Plaintiff accepted. The Court awarded $165,000 in attorneys fee plus $9,053 in costs plus interest.