Littell v. Allstate Ins. Co., 143 N.M. 506 (2007)
Littell, a paralegal for Allstate’s Albuquerque in-house legal department, alleged that after a new attorney supervisor, Todd Aakhus, was hired in 1998, she endured a hostile work environment marked by sexual innuendo, inappropriate touching, pervasive dirty jokes, and explicit commentary. After reporting the conduct anonymously via Allstate’s hotline, Littell claims Aakus retaliated by subjecting her to harsher treatment, fabricated discipline, public beratement, refusal to leave during a family crisis, and ultimately her constructive discharge in 2002. A jury awarded Littell $360,000 in compensatory damages and $1 million in punitive damages. On appeal, Allstate contended various evidentiary and legal errors. The Court of Appeals affirmed, holding the trial court properly admitted evidence of contemporaneous and post-employment conduct to show corporate state of mind and availability to corrective measures, and found ample support for the harassment and retaliation findings as well as punitive damages.
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- 2007
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