Dish case in jury's hands

Final arguments focus on effects of profane yelling

By Jeff Smith, Rocky Mountain News (Contact)

Friday, March 7, 2008

A Dish Network executive screamed at his assistant Sharon Baker numerous times and in one instance called her a "f------ stupid b----," jurors were told Thursday in the closing arguments of a federal discrimination case.

The Douglas County-based satellite-TV company failed to act on Baker's complaints and ignored its own policies prohibiting crude behavior among managers, Thomas Arckey, one of Baker's attorneys, told jurors. Instead, top executives routinely engaged in screaming, swearing and sexual jokes, he said.

Arckey described the company's "trademark" policy as "hear no evil, see no evil, investigate no evil, correct no evil."

The closing argument came after nearly two weeks of testimony in the jury trial in U.S. District Court in Denver.

Baker, who lost her job in July 2004 after nearly six years of employment, sued Dish Network because of alleged gender discrimination and retaliation. Her claims of a hostile work environment and breach of contract were dismissed this week.

In the company's closing arguments, Dish Network attorney Meghan Martinez attacked Baker's credibility, maintained there was no evidence of gender discrimination and told the jury that the case simply "doesn't belong here and you know that."

Martinez acknowledged that Dish Network executives, including Baker's boss, Executive Vice President Michael Kelly, yelled and swore at times.

But she said the screaming equally was "male to male, executive on executive," and that Kelly denied ever using the word "b----." Martinez also said witness testimony showed Baker "uses profanity and is comfortable with it."

Martinez reiterated her opening argument that the case is about a woman who quit her job to follow her mentor Soraya Hesabi-Cartwright.

Former Dish Vice President Hesabi-Cartwright filed a similar discrimination lawsuit against Dish, claiming she was subjected to "violent yelling fits" by CEO Charlie Ergen in front of other managers. That case was settled for an undisclosed amount.

Baker went to work for Hesabi-Cartwright but not until 16 months after leaving Dish Network, formerly called EchoStar Communications. Baker testified she left Dish Network in emotional distress in July 2004 after company attorneys tried to pressure her to sign an affidavit concerning Hesabi-Cartwright's case.

Martinez maintained there was no evidence in doctor reports that Baker was emotionally distressed by leaving Dish. But her biggest attack on Baker's credibility centered on the issue of cancer.

Baker testified she hadn't had cancer. Martinez, though, noted that two former Dish employees testified Baker told them she had cancer and chemotherapy treatments.

"If a person is willing to lie about cancer, what's sacred?" Martinez asked.

Arckey told jurors the issue involved medical history from 2001 that Baker "isn't comfortable talking about."

Baker is seeking $205,450 in lost wages, plus damages for emotional distress and punitive damages to deter the company from such behavior in the future.

The jury started deliberating Thursday. All except one of the jurors are women.

smithje@RockyMountainNews.com or 303-954-5155

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