Alexis Berger was recently awarded $40 million by an arbitrator in a gender discrimination case against her employer, Kargo, a mobile advertising firm. Kargo has sued in federal court to reduce the damages to $3 million. If the settlement is upheld, it will be among the highest sexual harassment/discrimination verdicts and settlements.
Ms. Berger filed her EEOC charge of discrimination in the spring of 2016 and was fired that July. Her allegations include the fact that Kargo tolerated misbehavior by her male colleagues but disciplined Ms. Berger for similar behavior and ignored inappropriate comments about Ms. Berger’s sexuality. Kargo claims it fired Ms. Berger because of complaints about her managerial style and the fact that she made inappropriate comments herself.
The arbitrator stated that overwhelming evidence showed that Kargo allowed sexual discrimination to be a motivating factor in the decision to fire Ms. Berger and that the termination was “a collaborate orchestration carried out in a malicious, insidious, and humiliating manner.”