Case details

Defense: Investigation did not substantiate harassment claims

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Beginning in 2010, plaintiff Anthony Allen, a black employee of Raley’s supermarket, was allegedly harassed by one of the head clerks and a coworker. Allen claimed that the harassment was based on his race and that it continued until his retirement in 2012. He also claimed that as part of the harassment, he was denied rest breaks. Allen sued Raley’s and its owners, Joyce Raley Teel and Michael J. Teel. Allen alleged that the defendants failed to address or prevent the racial discrimination and harassment. The owners were ultimately removed from the case, and the matter continued against Raley’s only. Allen contended that he was initially hired in 1984, but that starting in 2010, he was subjected to racial harassment by the head clerk, who stared at him, bumped him on the shoulder on one occasion, and mocked him by briefly singing and dancing Motown songs in his presence. Allen also contended that the head clerk failed to provide him rest breaks in a timely manner and that a coworker used a racial epithet in his presence on one occasion. Counsel for Raley’s denied the head clerk’s conduct was harassing or based on race. Counsel also denied that Allen complained to management about him being racially harassed. Counsel contended that the head clerk’s conduct was part of his normal day-to-day supervision and that Allen had other head clerks and managers whom he could ask for assistance if the subject head clerk did not respond to Allen’s requests. Defense counsel also contended that Raley’s investigated Allen’s one claim of harassment against the coworker, but the investigation’s finding did not substantiate the alleged claim. Counsel contended that as a result, Raley’s retained an outside investigator to further investigate Allen’s alleged claims, but that the outside investigation also did not substantiate the claim that any racial harassment occurred., Allen sought recovery of unspecified damages based on the alleged racial harassment.
COURT
United States District Court, Eastern District, Sacramento, CA

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