Case details

Manager faced racial slurs after seeking accommodation: suit

SUMMARY

$8769128

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anguish, neck, physical pain.
FACTS
In 2007, plaintiff Robert Leggins, a black man in his 40s, was working at a Rite Aid store when he became injured while attempting to stop a robbery. He suffered a neck injury that required several surgeries. As a result, he allegedly needed a number of medical leaves. He claimed that when he asked about transferring to a lower-volume store to accommodate his condition, he was subjected to racial harassment and discrimination. He also claimed that following his injury, he began to be treated differently. He further claimed that when he complained about being subjected to harassment and discrimination, nothing was done. In addition, Leggins claimed that when he closed the store early on New Year’s Day in 2013, as he had done for more than two decades, he was suspended and that one month later, in February 2013, Rite Aid terminated him after 27 years of employment. Leggins sued the operator of Rite Aid, Rite Aid Corp.; and his co-workers, Lenora Bajaro, Cindy Ramos, Nicholas Gauger, and Jilbert Shadaryan. Leggins also sued a company that was bought and subsumed into Rite Aid Corp. in around 1996, Thrifty Payless Inc. Leggins alleged that the defendants’ actions constituted violations of the Fair Employment and Housing Act, including racial discrimination; harassment on the basis of race; wrongful termination on the basis of race, and in retaliation for complaining of discrimination and harassment on the basis of race, age, and discrimination; wrongful termination on the basis of age, and in retaliation for complaining of discrimination and harassment on the basis of age, disability, and discrimination; harassment on the basis of disability; wrongful termination on the basis of disability, and in retaliation for complaining of discrimination and harassment on the basis of disability. He also alleged that defendants failed to accommodate his disability, engage in the interactive process, and prevent discrimination and harassment. Leggins further alleged that the defendants’ actions constituted retaliation for taking leave under the California Family Rights Act; retaliation for complaining of harassment and discrimination on the bases of age, race and disability; breach of an oral contract; breach of an implied-in-fact contract; and intentional infliction of emotional distress. The case ultimately continued against Rite Aid Corp. only. Leggins claimed that after his injury, he still performed his tasks, but with pain. However, he alleged that his injury made it difficult for him to lift, push or pull heavy objects. Leggins claimed that as a result, he complained about doing heavy lifting and asked to transfer to a lower-volume store in a better area, but that he was told, “All black people do is complain.” He also claimed that in the years following his injury, he endured escalating and repeated harassment and discrimination based on his disability. For example, he alleged that he was repeatedly subjected to racial slurs by his supervisors, managers, and directors, who also engaged in intentional actions that resulted in him being treated less favorably after he returned to work from his neck surgery. Leggins also detailed a series of increasingly discriminatory actions allegedly taken by some of his supervisors, including claiming that his direct supervisor harassed and discriminated against him, and often maliciously forced him to perform physically challenging tasks when he was in pain. In addition, he claimed he endured racial slurs from co-workers; was told, “I can get your old, black ass fired;” and was ignored and further criticized and harassed when he complained to his supervisors about these and other derogatory statements. Leggins further claimed that his negative treatment continued until 2013, when he was suspended for closing his store at 5:30 p.m. on New Year’s Day, despite the fact that he had received permission to do so from his manager two months in advance and despite the fact that it had been his practice for more than two decades to close early on New Years’ Day. Thus, he claimed that he was terminated in retaliation for his disability and need for medical leaves, as well as in retaliation for his complaints of harassment and discrimination. Defense counsel argued that Leggins was a valued employee who just did not perform his job well., Leggins claimed that he had worked for Rite Aid Corp. since Aug. 26, 1985, and that, prior to his injury, he had more than two decades of exemplary performance. The last position he held at Rite Aid before being terminated on Feb. 6, 2013, was the position of store manager. Leggins, now in his 50s, claimed that he suffers humiliation, emotional distress, and mental and physical pain and anguish as a direct result of the wrongful termination, and discriminatory and harassing behavior of his former employers.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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