Trial Magazine

Over the course of 35 years, Codie Rael worked as a materials buyer and planner for Sybron Dental Specialties, Inc., KaVo Kerr Group, Kerr Corp., Ormco Corp., and Danaher Corp.—companies that either shared a parent-subsidiary relationship or were acquired by one another during Rael’s tenure. Toward the end of her employment, she complained to human resources that her supervisor was harassing her, including making comments that she was “outdated” and “unwilling to follow the new culture.” Rael was also told that the company needed younger workers.

The supervisor gave Rael additional duties but failed to provide adequate training so that she could complete these tasks, and she was denied higher-level positions in favor of younger employees. A second complaint to human resources went unresolved. Rael’s supervisor later issued her a written warning for unprofessional behavior. Unable to continue in that environment, Rael, 54, resigned. She had been earning approximately $80,000 annually and obtained another buyer position at a slightly higher salary three months later.

Rael sued the five companies, alleging age discrimination, retaliation, harassment, and wrongful termination.

The jury awarded more than $3 million in compensatory damages against the defendants, $16 million in punitive damages against Sybron Dental, and $12 million in punitive damages against KaVo Kerr Group.

Citation: Rael v. Axis Sybronendo, No. BC 584994 (Cal. Super. Ct. Los Angeles Cnty. July 13, 2018).

Plaintiff counsel: AAJ member Carney Shegerian, Anthony Nguyen, and Mark Lim, all of Santa Monica, Calif.