Posted on: Thursday, September 2, 2004
Tripler worker awarded $110,000
By Ken Kobayashi
Advertiser Courts Writer
A 47-year-old woman has been awarded $110,000 by a federal jury that found she was improperly demoted from her job as a computer operator at Tripler Army Medical Center in 2002.
Joyce Funai sued the office of the secretary of the Army, contending that she had been harassed by a fellow worker because she wanted to become a Shinto priest and believed in ghosts and spirits. Funai also contended that her demotion to an administrative clerk job came as a result of her complaints.
Federal lawyers argued that she was not harassed and her demotion was the result of violating privacy rules, such as using confidential information to seek a restraining order against the worker. Funai denied she violated those rules.
On Tuesday, the jury rejected her harassment claim, but found that her complaints were protected by federal law and that her demotion had resulted from her complaints about harassment. The panel awarded her $110,000 for emotional pain and suffering.
Assistant U.S. Attorney Thomas Helper said his initial reaction was that there was no evidence to support the verdict.
"I'm going to look at the matter closely and consider asking the judge to overturn the verdict," he said.
Funai said she was disappointed that the panel rejected her claim of harassment, but said she felt vindicated by the award.
"It cleared my name as far as stealing something and violating the privacy act," she said.
Her lawyer, Clayton Ikei, said he will ask U.S. District Judge Alan Kay for back pay and for Funai to be reinstated to a position at the same level as computer operator. Funai said her back pay would be about $5,000 to $6,000.
Ikei also will seek attorney fees that he estimates will be more than $200,000, but acknowledged the amount may be reduced because his client prevailed on only one of two allegations.
Margaret Tippy, public affairs officer at Tripler, said the center is grateful that the jury rejected the harassment claim.
Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.
