February 8, 2018 – Santa Ana, California. Carlsbad attorneys Golnar Fozi and Jeremy Dwork obtained a defense verdict in favor of North Orange County Community College District on February 8, 2018. The lawsuit arose from allegations by six nighttime custodians that they were subjected to discrimination and harassment on the basis of age and race by mid- and high-level management. Plaintiffs also claimed the District failed to prevent discrimination and harassment and, further, that plaintiffs were retaliated against for complaining of harassment/discrimination and for initiating the lawsuit.
At trial, evidence was presented that the plaintiff custodians had previously obtained tens of thousands of dollars of unearned wages by falsifying timecards over a period of years. This practice was discovered by the District in 2013, at which time each of the plaintiffs signed agreements admitting to their misconduct in exchange for keeping their jobs. Within months, the District hired a manager to oversee the plaintiffs (and dozens of other custodians) and ensure they were appearing for work and performing their duties.
Evidence showed that plaintiffs were dissatisfied with having to report to a manager, leading to repeated requests for his termination. The plaintiffs filed numerous complaints with the College District and other state and federal agencies accusing their manager of race and age discrimination and harassment. In response to each of these complaints, the District conducted several investigations, both internally and through a third party investigator, all of which concluded there was no evidence of race/age harassment or discrimination.
Following four weeks of trial, plaintiffs agreed to dismiss the individually-named manager in exchange for a waiver of costs and an agreement not to pursue plaintiffs for malicious prosecution. The case continued against the District.
The jury required only four hours of deliberation to reach a verdict. The jury found that the District did not engage in any unlawful discrimination or harassment, did not fail to prevent such conduct, and did not retaliate against any party for their participation in this action. The court will now enter judgment against all plaintiffs, on all causes of action.
For more information on how the attorneys at Fozi Dwork & Modafferi can help you, your business or organization, please do not hesitate to call (760) 444-0039.