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A U.S. District court judge has dismissed some of the charges in the civil suit filed by three former public safety officers against the Sunnyvale Department of Public Safety and several officers. The suit charges the public safety officers and the city with sexual bias and discrimination.
At a hearing that was called after the city asked for a partial dismissal of some of the charges, Judge Ronald M. Whyte agreed to dismiss two of the charges but upheld other parts of the lawsuit.
The lawsuit alleges that several public safety officers discriminated against former officers Pascale Nadya Wowak, Joy Booker and Penny Lenee Alderin on the basis of their sex, and for Wowak, on the basis of her pregnancy as well.
The women's lawsuit alleges that the department practices discrimination against its female employees "by advancing male employees more quickly than female employees, by denying female employees equal job assignments, promotions and compensation, and by retaliating against those who oppose its unlawful practices."
The three women are seeking back pay, lost compensation and job benefits, as well as an award for punitive damages. The women are also asking for an injunction against the department to prevent such practices from occurring in the future.
The defendants said some of the charges are unfounded.
Whyte dismissed the part of the lawsuit that stated that the three women's employment was terminated in violation of due process principles. The women said they were not given a pre-termination hearing, but because none of the women were terminated—Wowak and Booker resigned, and Alderin is still employed by the city—the judge ruled the charge invalid.
The judge also dismissed the part of the suit that claimed conspiracy between the department of public safety and the 10 officers named as defendants.
But the judge upheld parts of the lawsuit, including the charge of an assault and battery by seven public safety officers against Joy Booker.
Arthur Hartinger, one of the attorneys for the defendants had argued that the alleged battery that Joy Booker experienced during a training exercise was not battery because it took place during a training exercise.
Hartinger said, "It's perfectly natural for police trainees to be subjected to conduct that they could or might expect to encounter in the field. That's simply what a training exercise is."
Police officers are expected to maintain themselves when encountered with "that kind of behavior," Hartinger said.
But Judge Whyte ruled in favor of the three women and upheld the charge.
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