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Marietta Harvey vs. Sybase Corporation
Marietta Harvey, a Filipina, was hired by Sybase Corporation, a Bay Area database company, in 1999. By February 2003, Harvey was making $200,000 per year as a human resources group director for Sybase.
While at Sybase, Harvey received numerous performance-based commendations and bonuses from the company, including bonus stock options and a trip to Hawaii. Then she was fired.
Harvey was fired shortly after Sybase CEO John Chen repeated another executive's comment that the human resources department at Sybase had too many Asian-American employees, and "looked like an airport." After being fired, Harvey applied for two lower-level jobs at Sybase, and was passed over in favor of less-qualified white males. Sybase did not even interview Harvey for either job. During the trial, it was revealed that as a result of Chen's "airport" comment, Sybase's Director of Human Resources openly told Sybase executives that she intended to hire white males for these positions, which involved fewer duties and paid less than Harvey's position.
Harvey retained Adams Nye to represent her in a lawsuit against Sybase. The case was tried by David Becht and Barbara Adams. On October 5, 2004, an Alameda County jury returned a verdict finding that Marietta Harvey had been the victim of racial discrimination.
Marietta Harvey was awarded $1.8 million in damages, including $1.3 million for emotional distress and $500,000 in punitive damages.
