Ex-Worker’s Sex Bias Suit Against Sam Spital Is Settled for $106,000

A former employee of Sam Spital--the personal injury lawyer attorney who frequently advertises on television--has settled a sexual discrimination and wrongful termination lawsuit against the lawyer for $106,000.

Connie Burke, 29, was fired by Spital in July, 1986, after working only 12 days as his public affairs coordinator. Spital told Burke she was let go because she did not work hard enough, had not accomplished anything and was incompetent.

In her lawsuit, however, Burke charged that she was fired for spurning Spital’s numerous sexual advances. The suit also alleged that Spital terminated Burke’s employment after “lavishly” praising her performance in front of other employees.

On Wednesday, Burke’s attorney said the settlement was a “very satisfying resolution of the case.”

Too Good for Him

“Her basic damages--or lost wages--were about $15,000, so we feel this is a very good settlement for her,” attorney Chip Edelson of Gray Cary Ames & Frye said. “Even though she was compensated fully, however, I personally think it was too good a settlement for him. I would have liked to see how a jury would have reacted to the things we found during preparation of the lawsuit.”

Burke, noting that she still feels “nauseous” when she thinks of her days in Spital’s employ, said she hopes the settlement makes people “aware of what takes place in his office when you work for him.

“I hope he has learned a lesson from this experience and will stop and think about how his actions are affecting the women he has treated this way,” said Burke, who lives in La Jolla.

When reached by telephone for comment Wednesday, Spital said he was “in a meeting” and told a reporter to call back for an interview in 10 minutes. Repeated efforts to contact him subsequently were unsuccessful.

The lawsuit charged that Spital, a former California deputy attorney general, had a pattern of harassing or firing female employees who resisted his advances or who “no longer attract Spital as an actual or potential playmate.”

“Spital has a habit, policy and practice of harassing and discriminating against female employees,” the suit claimed. “This practice generally consists of Spital hiring young, attractive females (and) making repeated physical advances and suggestive comments.”

Burke said Spital flirted with her continuously from the day she was hired, “touching me and kissing me on the cheek.” When Burke told her boss such conduct made her feel uncomfortable, he “told me I must have come from a family that wasn’t affectionate.”

“One day it came to a head and he called me in to fire me, telling me it wasn’t working out between us,” Burke recalled. “I knew exactly what he meant . . . . I never thought I’d be a victim of sexual harassment, because I’m very assertive. But it happened to me.”

In preparing his case for trial, Edelson obtained the sworn depositions of several other women who have worked for Spital in the past or applied for jobs at his firm. One of those women--none of whom brought lawsuits against Spital--said in a deposition that she was forced to quit because of sexual harassment after three months on the job.

Before filing her lawsuit a year ago, Burke offered to settle with Spital for $100,000, Edelson said. But Spital declined to settle, and at one point wrote a letter to Edelson calling the suit “frivolous” and “ludicrous” and threatening counter-suits against Burke and her attorney.

Edelson said a Superior Court trial date had been set for March 23 but that the case was settled shortly before that.

Spital lists offices in San Diego, Carlsbad, Chula Vista, El Cajon, and El Centro. Edelson said Spital had sought to have the settlement kept confidential, but Burke insisted on the right to discuss it publicly.