ST. LOUIS — A man who claimed he was sexually harassed when seeking employment at a fitness facility has been awarded $198,000 in default judgment by U.S. District Judge Audrey Fleissig.
Plaintiff Terry Waller filed suit in 2015 against Blast Fitness defendants and a regional manager, Edgar Thompson II, whom he claims offered him a job in 2013 only in return for sexual favors. Waller declined and did not get the job, the Dec. 29 Eastern District of Missouri order states.
According to the ruling, after Waller declined Thompson's offer he stopped exercising and fell into poor health. Weller testified that he began to isolate himself socially, had mood changes and suffered from depression and anxiety. He also experienced financial troubles, including homelessness, and was unable to secure a job because he had difficulty in job interviews, particularly with men.
He had requested a total of $2.5 million in damages – economic damages in the amount of $28,435.72, compensatory damages for pain and suffering of approximately $1 million, and $1.5 million in punitive damage. He also had asked for $94,728.40 in attorney’s fees, and $2,338.63 in costs, along with post-judgment interest assessed at 9 percent.
Weller got about a 10th of what he was seeking.
The ruling states that in June 2016, the court found Blast Fitness and Thompson liable on Waller' quid pro quo claim but also ruled that Waller's hostile work environment claim failed because he was never employed by Blast Fitness.
A stay on proceedings that was in effect for approximately a year while Blast Fitness Group was in bankruptcy was lifted in March, and a hearing on damages was held in June. The defendants did not appear in person or by counsel.
The breakdown of Fleissig's default judgment award was $148,435.72 in damages – $28,435.72 plus $45,000 in compensatory damages and $75,000 in punitive damages. For attorneys’ fees, Fleissig ordered $47,364.20 and costs of $2,338.63.