Lonnie Winstead, a black employee of Sutter Transfer Service Inc., a trucking company based in Yuba, and Fiveway, LLC, an earthmoving farming company, claimed that his dispatcher targeted him with racially offensive comments and epithets. He alleged that other truck drivers witnessed the racial harassment, and one white coworker even complained to management, but that their employers failed to take immediate and effective action, and allowed the harassment to continue. The Equal Employment Opportunity Commission alleged that it ultimately filed suit against Sutter Transfer Service Inc. after an EEOC investigator investigated the claims and initial attempts at reaching a voluntary settlement through conciliation were unsuccessful. During litigation, Fiveway, LLC, was added as an additional defendant, as there was evidence that Sutter Transfer Service and Fiveway were acting as a single corporate entity. Thus, both defendants were sued for violating Title VII of the Civil Rights Act of 1964. Defense counsel asserted that Fiveway is not an operational company, and that Winstead and the dispatcher were both employees of Sutter Transfer Service. The defendants also denied each and every one of plaintiff’s allegations, and defense counsel noted that the radio system where the comments were allegedly made is available to all persons having a similar radio, most of which are not employees of Sutter Transfer Service., Plaintiff’s counsel sought recovery of emotional distress damages for Winstead and the white driver who also reported the discrimination.