Case details

Plaintiff: Staff discriminated against his race on daily basis

SUMMARY

$4500000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, head, headaches, mental, psychological
FACTS
In 2002, plaintiff Christian Head, 49, a black, former head and neck surgeon, was appointed assistant professor at David Geffen School of Medicine at University of California, Los Angeles. However, Head claimed that since the faculty appointment, he was subjected to racial discrimination and harassment, as well as routine public humiliation. As a result, he filed complaints to UCLA administrators. Head claimed his complaints about the treatment went ignored and he was subjected to retaliation while employed at the medical school. Head sued the medical school’s operator, the Regents of the University of California; the chairman of the David Geffen School of Medicine’s Department of Head and Neck Surgery, Gerald Berke, M.D.; and Benjamin Crane, M.D., Joseph Lee, M.D., Jeffrey Suh, M.D. and Marilene Wang, M.D. Head alleged that the defendants refused to cover surgical and emergency room cases, and that their actions constituted racial discrimination, harassment, and intentional infliction of emotional distress. He also alleged that the defendants’ retaliated against him for whistleblowing in violation of the Labor code, and retaliated against him in violation of the Fair Employment and Housing Act and Health & Safety Code § 1278.5. In addition, Head alleged that the defendants failed to prevent harassment, discrimination and retaliation against him; and failed to provide whistleblower protection from retaliation for UC employees in violation of the Government Code. Head claimed that he was subjected to discrimination at work on a daily basis for approximately a decade. He alleged that Berke and Wang made inappropriate racial comments and insinuations about him, and blacks in general, for years. In particular, Head claimed he was discriminated against during a 2006 event for faculty, staff and graduating medical school residents, which was sponsored by the UCLA Medical Center. He alleged that during the event, a slide show, created by the residents and typically reviewed by staff, was shown that included a photo of his face superimposed on a black gorilla that was being sodomized by a white department chairman. The University, without admitting fault or liability, acknowledged that an inappropriate slide was shown and claimed that it regretted the incident., Head, now 51, is no longer employed by UCLA. He claimed severe emotional distress from the alleged acts of retaliation. He also claimed the stress ultimately manifested into physical , including headaches, high blood pressure, nausea, insomnia and post-traumatic stress. In addition, Head claimed he suffered nightmares and that he could no longer work.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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