Case details
Custodians disliked being overseen by a supervisor: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In May 2014, plaintiffs Luis Rivas, a nighttime custodian in his 50s; Alfonso Flores, a nighttime custodian in his 60s; Salvador Martinez, a nighttime custodian in his 50s; Daniel Rojas Rodriguez, a nighttime custodian in his 70s; Raymond Collins, a nighttime custodian in his 50s; and Adrianne Collins-Williams, a nighttime custodian in her 40s, were assigned to a new supervisor at Cypress College. The six custodians who worked the night shift were either Hispanic or black, and all over the age of 40. They claimed that after the North Orange County Community College District hired the new supervisor, who is white, they began to be harassed and retaliated against based on their age and race. They claimed that in addition to the new supervisor, they were also subjected to discrimination and harassment on the basis of age and race by mid- and high-level management at the campus and that they were retaliated against for complaining about harassment and discrimination, as well as for initiating the lawsuit. The custodians further claimed that North Orange County Community College District was negligent for failing to prevent the discrimination, harassment, and retaliation. Ultimately, Rojas Rodriguez was fired. Luis Rivas, Alfonso Flores, Salvador Martinez, Daniel Rojas Rodriguez, Raymond Collins, and Adrianne Williams-Collins (who was erroneously named in the suit as Adrianne “Collins-Williams”), sued North Orange County Community College District and their supervisor, Greg Pargett. During the fourth week of trial, the plaintiffs agreed to dismiss the individually-named supervisor, Pargett, in exchange for a waiver of costs and an agreement that Pargett would not to pursue the plaintiffs for malicious prosecution. Thus, the matter continued against the district only. The six custodians claimed that Pargett harassed them by allegedly making derogatory comments related to their race and age, such as calling Mexicans “stupid,” black people “lazy,” and old people “slow.” They also claimed that Pargett would say that they understood “nothing” and that he needed “younger people to get [the] work done,” as well as make many similar comments. The custodians further claimed that Pargett would yell and scream at them, saying things such as, “use your brain,” “shut your mouth,” “open your ears,” and “I am the manager,” and then give them extra work. Thus, they claimed that they were given increased workloads and work assignments. In addition, the custodians claimed that they repeatedly complained about Pargett, but that no real investigation was done and that the conduct was allowed to continue. Defense counsel presented evidence that the plaintiff custodians had previously obtained tens of thousands of dollars of unearned wages by falsifying time cards over a period of years. Counsel contended that the practice was discovered by the district in 2013, at which time each of the plaintiffs signed agreements admitting to their misconduct in exchange for keeping their jobs. Counsel also contended that within months of the discovery and signed admissions, the district hired a manager to oversee the plaintiffs, as well as dozens of other custodians, to ensure that they were appearing for work and performing their duties. However, defense counsel argued that the plaintiffs were dissatisfied with having to report to a manager, leading to repeated requests for his termination. Counsel contended that the plaintiffs also filed numerous complaints with the North Orange County Community College District, and other state and federal agencies, accusing Pargett of race and age discrimination and harassment. Defense counsel argued that in response to each of those complaints, the district conducted several investigations, both internally and through a third-party investigator, all of which concluded that there was no evidence of race and/or age harassment or discrimination. In addition, defense counsel contended that the increased work assignments was given because it was necessary, and were not race or age related., Rivas, Flores, Martinez, Rojas Rodriguez, Collins, and Williams-Collins each alleged that they suffered from emotional distress as a result of their treatment. Rojas Rodriguez also sought recovery of approximately $300,000 in past and future lost earnings as a result of his termination.
COURT
Superior Court of Orange County, Orange, CA
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INJURIES:
- anxiety
- brain
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- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
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- skull
- speech
- subdural hematoma
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