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Janson v. North Valley Hospital2/2/1999
Julie Janson sued North Valley Hospital for sexual harassment and retaliatory discharge. On the issue of her damages, the hospital offered evidence that she failed to disclose a drug conviction on her employment application and that the hospital would have terminated her employment upon the discovery of this fact. In response, Ms. Janson offered evidence that she advised the hospital of her conviction at the time she completed the employment application and, consequently, the hospital knew of her conviction at the time it hired her. The trial court refused to allow evidence regarding the conviction and its omission on the employment application, and it further refused to give an instruction that would have allowed the jury to limit Ms. Janson's damages if the jury determined that the hospital would have terminated her upon the discovery of the omission of the conviction on the employment application. On appeal, the hospital assigns error to the exclusion of the conviction and employment application evidence and the failure to give the damage instruction based upon it. Also, the hospital challenges two other instructions, the instruction informing the jury of the elements of sexual harassment, and the instruction informing the jury that any award would be subject to federal income taxes. We reverse in part and remand for a new trial on the issue of damages.
FACTS
In 1990, Julie Janson quit her employment as a nurse's aide at North Valley Hospital and moved to Alaska. Two years later, while living in Alaska, she was found guilty of attempted misconduct involving a controlled substance. The drug was cocaine. She was placed on probation, and upon satisfaction of the conditions of her probation, her conviction was expunged on November 5, 1993.
In June 1993, Ms. Janson again sought employment with North Valley Hospital. In connection with that employment, she completed an employment application that contained the following question: "Have you been convicted of an offense within the past seven (7) years?" Ms. Janson placed an "X" in the box to indicate a negative response. At the end of the application, she signed a certification which read:
I certify that the information set forth in this Application for Employment is true and complete to the best of my knowledge. I understand that, if employed, falsified statements on this application or failure to furnish all requested information shall be considered sufficient cause for my dismissal.
After conducting a background check through the Washington State Patrol, the hospital hired Ms. Janson on June 21, 1993.
In December 1995, Ms. Janson was working in the central service department of the hospital. Her supervisor was Kevin Richart. According to Ms. Janson, she was the victim of Mr. Richart's sexual harassment. She states he made inappropriate comments to her and stood unnecessarily close to her despite her efforts to maintain a distance. She also testified Mr. Richart aggressively grabbed her hand while setting up instruments. She related that on one occasion, he summoned her to central supply where she found him dressed in thin cotton scrubs and situated in a provocative position. On another occasion, according to Ms. Janson, he surreptitiously entered the women's private changing room while she was undressing.
Ms. Janson complained about Mr. Richart's conduct on December 21, 1995. As a result, Susan Cutler, Human Resources Director, met with Ms. Janson and Mr. Richart. After that meeting, Ms. Cutler instructed their supervisor, Bruce George, to monitor the situation.
Ms. Janson and her supervisor continued to have problems. For that reason, Ms. Jason tape-re
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