Case details
Supervisor denied pressuring plaintiff to convert to Islam
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
chest pain, emotional distress, mental, psychological
FACTS
In September 2001, plaintiff Wayne Kendrix, a supervisor at the Lanterman Developmental Center, a division of the California Department of Developmental Services, allegedly began to be confronted by his supervisor, Ibrahim Aly, in an attempt to convert him to Islam. Kendrix was originally hired as a dispatch operator at the Lanterman facility in 1984, before being promoted to supervisor in 1991. He claimed that following the 9/11 attacks, Aly began trying to convert him to Islam, by confronting him multiple times a week and forcing him to work on Christmas 2010. Kendrix claimed Aly’s actions caused him to suffer emotional distress and chest pain. Kendrix sued Aly; the executive director of the Lanterman facility, Cheryl Bright; and their employers, the State of California Department of Developmental Services and the Lanterman Developmental Center. Kendrix alleged that the actions of Aly and Bright constituted harassment based on religion and creed and that the Department of Developmental Services’ actions constituted discrimination based on religion and creed. Bright was ultimately dismissed from the case on a motion for summary judgment, and the claim against the Lanterman Developmental Center was not pursued, as it was determined the Department of Developmental Services was the proper employer. Kendrix contended that following 9/11, Aly would try to convert him to Islam by preaching to him from the Quran and condemning the United States. He claimed Aly first did this from 2001 through 2008, before Aly was transferred to another facility. However, Kendrix claimed that upon Aly’s return to the Lanterman facility in August 2010, Aly resumed his continued attempts to try to convert him to Islam and forced him to work on Christmas in 2010. He further claimed that he was experiencing chest pain at the time and that Aly continued to pressure him despite knowing about his prior heart attack. In addition, plaintiff’s counsel contended that the Department of Developmental Services discriminated against Kendrix by allowing Aly to engage in the religious harassment, and by allowing Aly to negatively affect the terms and conditions of Kendrix’s employment by mandating him to work. Defense counsel contended that Kendrix did not make any complaints about Aly while working together for 10 years. Aly claimed that he was responsible for supervising 10 total departments and could not possibly harass Kendrix multiple times a week, as Kendrix alleged. He further denied forcing Kendrix to work on Christmas 2010 or having any knowledge of Kendrix’s chest pain. In addition, Aly claimed that he always had a good relationship with Kendrix prior to the allegations. Defense counsel argued that Kendrix’s allegations stemmed from Aly bring back an employee who Kendrix did not get along with in 2010. Four employees of the Department of Developmental Services testified that they spoke with Kendrix in January 2011 and that he did not mention being forced to work because of religion. They also testified that Kendrix noted just one incident of Aly discussing Islam conversion in 2006. An Equal Employment Opportunity investigator testified about speaking to Kendrix in May 2011 and also claimed that Kendrix only referred to a lone 2006 incident of Aly discussing Islam conversation., Kendrix claimed he suffered emotional distress and humiliation as a result of the actions of Aly and the Department of Developmental Services. Thus, he sought recovery of $150,000 in damages for his pain and suffering. Defense counsel argued that Kendrix did not suffer any emotional distress or humiliation because there was no harassment or discrimination against him. Thus, counsel argued that Kendrix should be awarded zero damages.
COURT
Superior Court of Los Angeles County, Pomona, CA
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