FRESNO, Calif., Jan 17, 2008

Verdict Nixed For Woman Spanked At Work

Court Overturns $1.5M Verdict To Calif. Woman Who Was Spanked In Front Of Coworkers

  • Janet Orlando

    Janet Orlando  (AP Photo/Fresno Bee, Mark Crosse)

  • Interactive The Nation We Live In

    Who are Americans and what do they do? A comprehensive look at our economic, sociological and racial breakdown.

(AP)  An appeals court overturned a $1.5 million verdict awarded to a woman who was spanked in front of co-workers in what her employer called a camaraderie-building exercise.

A jury in 2006 had ruled that Janet Orlando had suffered sexual harassment and sexual battery when she was paddled at home security company Alarm One Inc. The jury punished the company with a $1 million punitive damage award.

But on Monday, a three-judge panel of the state Court of Appeal overturned that verdict, ruling that the jury had been given improper instructions. In particular, the jury wasn't instructed that one vital element of proving that sexual harassment occurred is showing the action was directed at a woman because of her gender.

Lawyers for Alarm One, an Anaheim-based, 300-employee company, said that the spankings were not discriminatory because they were given to both male and female workers and that Orlando and others willingly took part.

Orlando's attorney, Nicholas "Butch" Wagner, vowed to take the case to trial again.

"We may get more this time," Wagner said.

Quote

Good luck retrying this one.

K. Poncho Baker, the attorney who defended the company
But K. Poncho Baker, the attorney who defended the company at trial in 2006, said that because the company has since gone into bankruptcy and its insurance was exhausted battling Orlando's claim and settling with three other co-workers, there may be little left to recover.

"Good luck retrying this one," Baker said.

Orlando quit the company in 2004, less than a year after she was hired at the Fresno office, saying she was humiliated during the company's team-building practices.

Employees were paddled with rival companies' yard signs as part of a contest that pitted sales teams against one another. The winners poked fun at the losers, throwing pies at them, feeding them baby food, making them wear diapers and swatting their buttocks.

The company has since abandoned the practice.



© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Share:
  • Share
  • Yahoo! Buzz
  • Mixx
Add a Comment See all 73 Comments
by cantshutup January 18, 2008 8:33 PM EST
uhhh...i don''t think it''s possible to call spanking an old hag "s exual" ... it''s more like a beat down on the old witch...yelch!
Reply to this comment
by sharednotion January 18, 2008 5:17 PM EST
It''s unfortunate that because of a judge''s mistake, a plaintiff must wait longer for justice.
Reply to this comment
by jyu1915 January 18, 2008 11:40 AM EST
Team building exercises foisted on employees by management are the equivalent of Japanese workers having to sing company songs. Companies who are so clueless as to not know how to treat employees with simple respect (which would increase productivity more than these inane activities) deserve to be driven out of business.
Reply to this comment
by erica0416 January 18, 2008 11:04 AM EST
"The company has since abandoned the practice."

Seriously...why start...what in the world made them think that was a good idea...crazy
Reply to this comment
by keithle1 January 18, 2008 10:56 AM EST
The male brain has strengths & weaknesses as does the female brain. The male brain likes to work & study in a certain way. The female brain does not usually do well in the "Jeopardy" format. The female brain is not good at inventing things. That''s why we have men to thank for the computer, telephone, car, light bulb, TV, etc, etc, etc. Men kick butt.

She looks like she''s recovering from a bender.

Amazing the time & money companies waste on all of this stupid "team building" stuff. Have employees out in the woods somewhere climbing trees & messing around with ropes. Maybe even doing some white water rafting.

"What have y''all learned today?"

"HOW TO WORK TOGETHER TO ACHIEVE THE COMPANY''S GOALS!"
Reply to this comment
by blackyowe January 18, 2008 9:34 AM EST
Someone should spank her again for that hair do! Eeeeeeeek!
Reply to this comment
by gmond January 18, 2008 4:31 AM EST
Tucker, you are still with me. My last line was facetious, from now on I will signify it ;-p
Reply to this comment
by kennergirl January 18, 2008 3:24 AM EST
I guess she should have settled like the other 3 did. Apparently getting spanked on the job wasn''t liked by her and a few others. The rest of the 297 employees were apparently into it.
Reply to this comment
by stargate1121 January 18, 2008 2:46 AM EST
I would have told them where to go and walked out. No one is going to spank me, make me wear a nappy, etc. no job is not good enough to let that kind of *** happen.
Reply to this comment
by ehaw January 18, 2008 2:39 AM EST
I got fired from home depot, I would''ve taken a spanking.
Reply to this comment
by rowdytexan2 January 18, 2008 2:08 AM EST
Posted by Hwy71So at 10:15 PM : Jan 17, 2008

^5, lol
Reply to this comment
by cfin5 January 18, 2008 1:29 AM EST
WHAT was she thinking letting them spank her in the first place?

A REAL answer please, not some of your liberal mumbo-stick-it-to-em-jumbo nonsense either.

Posted by Hwy71So at 10:13 PM : Jan 17, 2008--------I was thinking it to be an "employment status" peer pressure thing. The things a person will do when bills are due. Still don''t make it right.
Reply to this comment
by hwy71so January 18, 2008 1:15 AM EST
And I agree with Rowdy on his last statement.

...see Rowdy, I don''t ALWAYS disagree with you. lol
Reply to this comment
by hwy71so January 18, 2008 1:13 AM EST
I STILL think its funny, and I think those of you that side with her are a few tires short of a unicycle.

WHAT was she thinking letting them spank her in the first place?

A REAL answer please, not some of your liberal mumbo-stick-it-to-em-jumbo nonsense either.
Reply to this comment
by rowdytexan2 January 18, 2008 12:56 AM EST
Posted by Vittoria1 at 08:20 PM : Jan 17, 2008

Names really don''t mean much to me, people''s actions do. You''re only a victim if you let yourself be one, unless someone totally overpowers you. Then the fight is on.

If this woman didn''t want to participate in the company''s training program, she could say NO! And then if they fired her, then she has a case.
Reply to this comment
by zootallures2 January 18, 2008 12:56 AM EST
Stupid is as stupid does.
Reply to this comment
by magoo2u1 January 18, 2008 12:16 AM EST
Team building by humiliating part of the team?
Reply to this comment
by denn034 January 17, 2008 11:57 PM EST
That verdict shouldn''t have been overturned. This is outrageous!
Reply to this comment
by keithle1 January 17, 2008 11:35 PM EST
"Team-building"? Barf. Nothing worse than sales. I''d rather clean toilets with my tongue. Why are all companies EXACTLY THE SAME.

If she was hot, I''d like to put her over my lap & spank her myself.
Reply to this comment
by rowdytexan2 January 17, 2008 11:28 PM EST
Posted by Vittoria1 at 08:20 PM : Jan 17, 2008

Who? lol

Reply to this comment
See all 73 Comments
Latest News
News in Pictures
Scroll Left Scroll Right
Connect with CBS News

Stay connected with the CBS News using your favorite social networks and online news applications: