Lyznick

FACTS

Appellants Robert and Craig Lyznick are brothers employed as deputy sheriffs by respondent County. Robert began working for the Sheriff’s Department in 1988, and Craig followed him there in 1990. They have been assigned to the Metrolink station in Chatsworth since 2007. In 2008, Robert complained that he was being sexually harassed by a supervisor, Charles Dery. Craig testified in Robert’s sexual harassment suit. Dery responded with a lawsuit for defamation against the Lyznicks. In 2010, Robert prevailed against the County in an FEHA action for sexual harassment, and both brothers prevailed against Dery in the defamation suit. Despite the litigation, appellants remain in the County’s employ at the Chatsworth Metrolink station, and have not been suspended or disciplined. Dery, on the other hand, left the sheriff’s department in 2009, after an internal affairs investigation determined that he engaged in sexual harassment and workplace violence. Dery resigned when investigators recommended that his employment be terminated. Robert maintains that he has been negatively affected since he lodged his sexual harassment complaint in 2008. He testified that his job evaluations were…