Case details
Plaintiff claimed harassment because of religious beliefs
SUMMARY
$3250717.55
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2012, plaintiff Hugo Lizarraga, a warehouse employee at Loma Linda University Medical Center in his 40s, converted to Islam. He claimed that shortly thereafter, his supervisors, Jerry Strode and Jose Gonzalez, became hostile toward him and broke his thumb at work. As a result of his injury, Lizarraga was placed on modified duty by his physician. Lizarraga claimed that despite his injury, his supervisors complained that he was too slow and that he should quit his position. He also claimed that the harassment continued through 2015 and that once his work restrictions were lifted, Strode and Gonzalez increased his workload. Lizarraga eventually complained about Strode and Gonzalez’s behavior to the hospital’s human resources department, but he claimed his complaints were ignored. In February 2016, Lizarraga was placed on suspension. A San Bernardino County sheriff’s deputy later arrived and asked if Lizarraga had made terrorist threats against the hospital, which Lizarraga denied. The deputy determined that Lizarraga was not an immediate threat, but the hospital kept Lizarraga on administrative leave. Lizarraga was ultimately fired in March 2016. Lizarraga sued Loma Linda University Medical Center. He alleged that the hospital’s employees’ actions constituted harassment and discrimination based on religion, disability discrimination, and retaliation. He also alleged that the hospital failed to take the necessary steps to prevent harassment and discrimination and that it was liable for its employees’ actions. Lizarraga claimed that Strode and Gonzalez became hostile toward him after he converted to Islam and that the harassment continued through 2015, during which time his supervisors would call him a terrorist and other derogatory names. He also claimed that Strode and Gonzalez broke his thumb at work, causing him to be placed on modified duty by his physician, and that due to his injury, his supervisors complained that he was too slow and that he should quit his position. Lizarraga further claimed that after his work restrictions were lifted, Strode and Gonzalez increased his workload and assigned him tasks that should have been undertaken by other workers. He alleged that even though he was still able to complete the tasks, his supervisors would complain that he was too slow and continually told him that he should quit. Lizarraga complained to the hospital’s Human Resources Department about Strode and Gonzalez’s behavior, but he claimed his complaints were ignored. Lizarraga claimed that when was told he was being placed on suspension in February 2016, he was not given a reason, but that a San Bernardino County sheriff’s deputy arrived to ask if he had made terrorist threats against the hospital, which he denied. Lizarraga claimed that even though the deputy determined that he was not an immediate threat, the hospital kept him on administrative leave and eventually notified him that he had been accused of telling a co-worker what he would have done differently in the Dec. 2, 2015 terrorist shooting at San Bernardino’s Inland Regional Center, a block away from where he worked. Lizarraga denied making the claim, but he was still fired in March 2016. Loma Linda University Medical Center denied Lizarraga’s religion or workplace had anything to do with his termination. Defense counsel noted that after Lizarraga complained about his supervisors, Strode was investigated and terminated, but the accusations against Gonzalez were inconclusive. Counsel also noted that Lizarraga was released from modified duty by his physician in December 2012, he suffered another workplace injury in October 2014 and was again placed on modified duty until April 2015. When Lizarraga returned, Strode was no longer employed at Loma Linda University Medical Center. Defense counsel contended that two months after the December 2015 terrorist shooting, Loma Linda University Medical Center received an anonymous report that Lizarraga stated that the San Bernardino shooting victims deserved what they got and that if he had been there, he would have killed them all. Counsel also contended that the anonymous report also stated that Lizarraga made other threats of workplace violence. Defense counsel contended that as a result of the report, Lizarraga was placed on paid leave, but that Lizarraga was later terminated after several of his co-employees confirmed he had made threats of workplace violence., Lizarraga, who had worked at Loma Linda University Medical Center for more than a decade without experiencing harassment prior to the subject events, contended that because of the circumstances of his termination, he would never be able to find other employment. He claimed that as a result, he suffers a loss of pay as a result of his termination. Lizarraga also claimed that he suffers from emotional distress as a result of the incidents. He alleged that he will need future therapy or counseling for his psychological injury. The plaintiff’s psychological expert opined that Lizarraga would benefit from a year of weekly therapy sessions. Lizarraga sought recovery of past and future economic and non-economic damages. Defense counsel disputed Lizarraga’s alleged , noting that there was no presented medical evidence of a permanent or long-term disability, or of any cause of such an injury, other than Lizarraga’s workplace , for which Lizarraga had been compensated through workers’ compensation. Counsel added that even though the plaintiff’s psychological expert testified that Lizarraga would benefit from therapy sessions, Lizarraga had not received any psychological or other counseling for his alleged emotional distress.
COURT
Superior Court of San Bernardino County, San Bernardino, CA
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