Salesperson says she was denied the opportunity to sell a leading product because of her age.
- Case Name: Sasha Elkins v. Automatic Data Processing, Inc.
- Court and Case Number: United States District Court, Central District of California, Eastern Division / 5:21-cv-00606-JGB-KK
- Date of Verdict or Judgment: Thursday, May 11, 2023
- Date Action was Filed: Thursday, January 14, 2021
- Type of Case: Employment
- Judge or Arbitrator(s): Hon. Jesus Bernal
Plaintiffs: Sasha Elkins, 49
Defendants: Automatic Data Processing, Inc.
- Type of Result: Jury Verdict
- Gross Verdict or Award: $418,000 verdict before addition of prejudgment interest, costs, and attorney's fees.
- Trial or Arbitration Time: 5 days
- Jury Deliberation Time: 2 hours
- Jury Polls: 8 in favor of plaintiff, 0 in favor of defendant.
- Post Trial Motions & Post-Verdict Settlements: Plaintiff's motion for attorney's fees granted in the amount of $253,837. Defendant's motion for new trial or judgment notwithstanding the verdict denied.
Attorney for the Plaintiff:
The Simon Law Group by Maximilian Lee, Torrance.
Ghozland Law Firm by Jennifer Ghozland, Los Angeles.
Attorney for the Defendant:
Ogletree Deakins by Vince Verde, Tiffany Woods and Carlos Bacio, Costa Mesa.
Plaintiff’s Medical Expert(s):
Ravinder Singh, M.D., psychiatry. (Treating physician.)
Jaime Brown, Ph.D., (Treating psychologist.)
Defendant's Medical Expert(s):
Matthew Carroll, M.D., psychiatry.
Facts and Background
Facts and Background:
In 2015, plaintiff, female age 49, was hired for a sales job selling Automatic Data Processing’s HRO product. She sought a promotion to sell another product named TotalSource. In March 2017, ADP instead transferred a younger employee to sell TotalSource. In June 2018, ADP again transferred another younger employee to sell TotalSource. Plaintiff took a leave of absence and then resigned from her position with ADP on January 2, 2019.
That ADP subjected plaintiff to age discrimination in failing to promote her to a position to sell TotalSource.
Plaintiff had been awarded as a top salesperson in her region by ADP in 2018. Plaintiff had better sales numbers than the women who were promoted over her, and a former co-worker testified that plaintiff was more qualified than the women who were promoted.
That a transfer to a position to sell TotalSource is not a promotion. The other employees transferred to sell TotalSource in 2017 and 2018 were more qualified than plaintiff.
That ADP had a legitimate business reason to not transfer plaintiff to a position to sell TotalSource. Further, that plaintiff never formally applied for a TotalSource position.
Injuries and Other Damages
Emotional distress and mental harm, including diagnosed clinical depression.
- Special Damages Claimed - Past Medical: None.
- Special Damages Claimed - Future Medical: None.
- Special Damages Claimed - Past Lost Earnings: Between $19,000 and $363,500
- Special Damages Claimed - Future Lost Earnings: None.