Trial Magazine

Sara Roberts, 32, was working as a waitress when she received a Facebook message from Brinkerhoff Inspection’s personnel director, Keith Demby, recruiting her to become a salesperson at the company. The two spoke on the phone later that day, and Demby asked Roberts whether she was pregnant. Roberts, who was newly pregnant, asked whether that was a problem. Demby responded no. Roberts then interviewed with Demby and other company representatives, who told her that she could easily earn up to $10,000 monthly and have job security. Roberts accepted a position with Brinkerhoff.

Later, while Roberts was riding in a car with Demby to learn about the services that the company provided, he told her that she was attractive and that they were going to date. A day after her official start date, Roberts went bowling with her colleagues. Demby offered her a beer, which she declined because she was pregnant. The next day, she told her office manager that she had gotten married. The following day, Demby and others called Roberts into a meeting and told her that the company could not afford to bring her on as a salesperson and that her termination was unrelated to her performance.

Roberts sued the company operating Brinkerhoff, SMOB Services, alleging sexual harassment, sex discrimination, and pregnancy discrimination.

The jury awarded just over $1 million, finding that Roberts would not have been terminated but for her sex, ­pregnancy, and rejection of Demby’s advances. The court then reduced the verdict to almost $288,500 under the state damages cap. The final award includes $30,000 in punitive damages.

Citation: Roberts v. Brinkerhoff Inspection, Inc., No. MO:16-CV-00342-DC (W.D. Tex. June 22, 2018).

Plaintiff counsel: Holly Williams and AAJ member Brian Carney, both of Midland, Texas.

Plaintiff expert: Bradley Ewing, economics, Lubbock, Texas.

Defense expert: Helen Reynolds, economics, Dallas.