Hirst

Kimberli Hirst, an employee of American Forensic Nurses, Inc. (AFN), brought a California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.) claim against the City of Oceanside (City), alleging she was sexually harassed by an Oceanside police officer, Gilbert Garcia, while she was providing phlebotomist services on behalf of the Oceanside Police Department. The jury found Hirst proved her claim and awarded her $1.5 million in damages against the City. After reducing the amount for which Garcia was found responsible, the court entered judgment in Hirst’s favor for $1,125 million.

The City moved for a new trial and for a judgment notwithstanding the verdict (JNOV). In the new trial motion, the City contended the damages award was unsupported by the evidence. In the JNOV motion, the City argued Hirst was not entitled to recover under the FEHA because she was not a City employee, special employee, or a “person providing services pursuant to a contract” under Government Code section 12940, subdivision (j)(l).

The court denied the JNOV motion, but granted the new trial motion finding the damage award was excessive. The court ordered a new trial on both…