Trial Magazine

Stephen Colucci was a retail store manager for T-Mobile. After almost seven years, Colucci’s manager told him that he was being transferred to a T-Mobile mall kiosk. Colucci responded that he would not be able to work at this location due to his agoraphobia and the stress he experienced in malls and crowded areas. The manager called Colucci’s concerns ridiculous and referred him to human resources. In a subsequent conversation with a human resources representative, Colucci asked for an accommodation, later providing a doctor’s note.

Colucci, 32, began experiencing unfair treatment at work. Despite further complaints to the company’s investigative unit and complaint line, the situation did not improve. Colucci, who requested a leave of absence, was then fired from his job, at which he had earned $95,000 per year.

Colucci sued T-Mobile, alleging retaliation and failure to prevent discrimination and retaliation.

The jury awarded the plaintiff more than $5.02 million, including $4 million in punitive damages and nearly $130,300 in lost income.

Citation: Colucci v. T-Mobile USA, Inc., No. CIVDS1502822 (Cal. Super. Ct. San Bernardino Cnty. Aug. 30, 2017).

Plaintiff counsel: Patricio T.D. Barrera and Ashley Davenport, both of El Segundo, Calif.