Case 2:19-cv-05025 Document 1 Filed 06/10/19 Page 1 of 29 Page ID #:1

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
DARREN GALES,

)
)
Plaintiff,
)
)
v.
)
)
STATE OF CALIFORNIA –
)
CALIFORNIA DEPARTMENT OF
)
CORRECTIONS AND REHABILITATION – )
VENTURA YOUTH CORRECTIONAL
)
FACILITY,
)
)
Defendant.
)
)

COMPLAINT AND DEMAND
FOR JURY TRIAL

Plaintiff, Darren Gales, brings this Complaint for damages and demand
for a jury trial against Defendant, State of California – California Department of
Corrections and Rehabilitation – Ventura Youth Correctional Facility (“CDCR”) and
states as follows:
PARTIES
1.

Plaintiff is a resident of the State of California and resides in

Ventura County, California.
2.

Defendant operates the Ventura Youth Correctional Facility in

Ventura County, California.

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3.

At all times material hereto, Plaintiff was an “employee” of Defendant

within the meaning of Section 1981 of the Civil Rights Act of 1866, 42 U.S.C. §
1981 (“Section 1981”); Title VII of the Civil Rights Act of 1964, 42 U.S.C. §
2000e, et seq., as amended (“Title VII”); the California Fair Employment and
Housing Act of 1959, Cal. Gov. Code §§ 12940, et seq. (“FEHA”); and Cal. Lab.
Code § 1102.5.
4.

At all times material hereto, Defendant was an “employer” under

Section 1981, Title VII, the FEHA, and Cal. Lab. Code § 1102.5.
5.

At all relevant times, Defendant maintained a workforce that

employed at least 500 employees.
JURISDICTION
6.

The jurisdiction of this court is invoked under Section 1981 and

Title VII.
7.

As such, the Court has original jurisdiction over this complaint

under 28 U.S.C. §§ 1331 and 1337.
8.

The Court has supplemental jurisdiction over Plaintiff’s FEHA, Cal.

Lab. Code § 1102.5, Intentional Infliction of Emotional Distress (“IIED”) and
Negligent Infliction of Emotional Distress (“NIED”) claims under 28 U.S.C. §
1367 as these claims are so related to Plaintiff’s Section 1981 and Title VII claims
that they form part of the same case or controversy.

2

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9.

Jurisdiction to grant injunctive relief and declaratory relief, as well

as damages is invoked under the Acts cited above as well as Ex Parte Young, 209
U.S. 123 (1908) under Plaintiff’s request for prospective injunctive relief.
VENUE
10.

The events described in this lawsuit primarily occurred in Ventura

County, California.
11.

Venue is proper in this Court under 28 U.S.C. §1391 because a

substantial part of the events or omissions giving rise to the claims occurred within
the Western Division of the Central District of California.
12.

Defendant conducts substantial and not isolated business within the

Western Division of the Central District of California.
13.

Defendant has agents and employees in the Western Division of the

Central District of California.
14.

Defendant has a business located in the Western Division of the

Central District of California.
CONDITIONS PRECEDENT
15.

Plaintiff has exhausted his administrative remedies by filing charges

of discrimination with the Equal Employment Opportunity Commission on July
10, 2017 and on May 18, 2018.

3

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16.

On March 12, 2019, the EEOC issued Plaintiff a Dismissal and

Notice of Right to Sue against Defendant concerning this matter. A copy of this
Right to Sue letter is attached as Exhibits A. Plaintiff files this action within the
applicable period of limitations.
17.

Plaintiff has been advised that the EEOC has issued the second right

to sue letter, but has not received a copy of same at this time.
18.

All conditions precedent to this action have been satisfied or waived.
STATEMENT OF FACTS

19.

Darren Gales is an African-American male and veteran of the U.S.

Army.
20.

In June 2006, Mr. Gales began his employment with the Ventura

Youth Correctional Facility as a Property Controller 1, which is part of the
Procurement Department.
21.

Throughout his employment, Mr. Gales has never received a

negative performance evaluation.
22.

In 2017, Mr. Gales was the only African-American employee that

worked at the Procurement Department of Ventura Youth Correctional Facility.
23.

Throughout the duration of his employment, Mr. Gales was

discriminated against, harassed, and made to endure a hostile work environment
because of his race.
4

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24.

For example, inmates at CDCR repeatedly referred to Mr. Gales as a

“nigger.”
25.

Scott Boucher was employed by CDCR as a Building Maintenance

Worker and coworker of Mr. Gales.
26.

On or about May 27, 2017, Mr. Boucher displayed a noose in front

of Mr. Gales.
27.

After directing Mr. Gales’ attention towards the noose, Mr. Boucher

threw the noose over a light fixture and hung the noose in a manner Mr. Gales
describes as one being used for the “lynching of blacks in the slavery period.”
28.

Mr. Boucher then threatened Mr. Gales and advised him that

“someone or something needs to be hanged today.”
29.

On or about May 30, 2017, Mr. Gales reported the noose incident

and related “hanging” comment to his direct Supervisor Robert Facundus and
Facility EEO Coordinator Cynthia Brown.
30.

On that day, Mr. Gales also filed an EEO CDCR Form 693

(“Discrimination Complaint”) and an incident report.
31.

A request for investigation was submitted to CDCR’s Office of

Internal Affairs on or about May 30, 2017.
32.

To this date, Mr. Gales has not received a response to his

Discrimination Complaint from Department Supervisor/Correctional Business
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Services Officer John Branch, Superintendent Maria Harper, or Assistant
Superintendent Kenny Fewer.
33.

On or about June 7, 2017, Mr. Gales overheard Mr. Branch, Mr.

Boucher, and a Service Employees International Union (“SEIU”) Representative
discussing the noose and hanging comment incident.
34.

During that conversation, Mr. Gales heard Mr. Branch state that he

would “support Scott (Boucher).”
35.

That same day, Mr. Gales reported the conversation he overheard to

Facility EEO Coordinator Brown.
36.

During that conversation, Mr. Gales informed Ms. Brown that the

noose incident and hanging comment had caused him significant emotional distress
and that he needed to leave work for the day to consult with his physician.
37.

Mr. Gales visited his physician, who advised him not to return to

work until June 27, 2017 due to the extreme stress and anxiety he suffered due to
the incident.
38.

The following business day, Mr. Gales promptly advised Mr.

Facundus that he needed to be placed on leave through June 27, 2017.
39.

Through a series of subsequent visits, Mr. Gales’ physician

recommended Mr. Gales extend his medical leave until January 2018 due to the
continued emotional distress Mr. Gales suffered as a result of the discrimination.
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40.

Each time Mr. Gales’ primary care physician recommended

extending his leave, Mr. Gales promptly informed Defendant of his physician’s
orders.
41.

On July 10, 2017, Mr. Gales filed charges of discrimination with

Equal Employment Opportunity Commission, the California Department of Fair
Housing and Employment (“DFEH”), California State Labor Board (“SLB”), the
CDCR Office of Internal Affairs (“OIA”), and the California Office for Civil
Rights (“OCR”).
42.

Before filing his first EEOC Charge in July 2017, Mr. Boucher had

not been reprimanded for his horrendous race discrimination, which included
showing Mr. Gales a noose and advising him that “someone or something needs to
be hanged today.”
43.

On or about December 12, 2017, Defendant filed a position

statement with the EEOC responding to Mr. Gales’ first EEOC Charge regarding
the noose incident and “hanging” comment.
44.

In its position statement, Defendant admitted that “[b]ased on all

available facts…the allegation of discrimination was substantiated and resulted in a
violation of CDCR’s EEO policy.”
45.

On or about December 27, 2017, Staff Services Manager I, Leslie

Zuniga, e-mailed Mr. Gales acknowledging receipt of correspondence from Mr.
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Gales’ physician regarding his ability to return to work on January 2, 2018, and a
recommendation of “no contact” with Boucher.
46.

When Mr. Gales returned to work on January 2, 2018, Defendant

began retaliating against Mr. Gales because he objected to race discrimination and
participated in the EEOC investigations.
47.

Specifically,

Mr.

Facundus

advised

Mr.

Gales

that

his

responsibilities were being “revised”, and that he was assigned to “desk
responsibilities.”
48.

Moreover, on January 11, 2018, Mr. Facundus advised Mr. Gales

that Return to Work Manager/ Health and Safety Officer Seth Hawkins instructed
Mr. Facundus to monitor Mr. Gales’ movement throughout the facility.
49.

In the same conversation, Mr. Facundus further instructed Mr. Gales

that if he was stepping away from his desk, he was to inform Mr. Facundus.
50.

Furthermore, on or about January 17, 2018, Mr. Gales received a

retroactive “Notice of Personnel Action” dated January 9, 2018 stating that he had
been taken off insurance and was separated from state service as of July 2017,
interfering with his ability to “accumulate credit for retirement service, state
service, seniority, vacation, sick leave or salary adjustments”
51.

Additionally, on or about January 19, 2018, Mr. Gales was issued a

“Work Improvement Discussion (“WID”) Memorandum” related to an alleged
8

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incident that took place on February 27, 2017 regarding Mr. Gales’ interaction
with a ward housed at the facility.
52.

On or about February 16, 2018, Mr. Gales responded to the

September 2017 WID, noting that the WID (1) was issued well outside of SEIU’s
Local 1000 Contract’s mandate that a WID “shall be issued in a timely fashion,
generally within thirty (30) days from when the incident occurred; and (2) that he
was not notified of or interviewed in connection with the alleged incident.
53.

On or about February 23, 2018, Senior Youth Counselor Cynthia

Lee sent a memorandum to Mr. Gales regarding her recollection of the meeting
concerning the February 2017 “incident,” which concluded that the ward “told D.
Gales that he was sorry for all of the derogatory and disrespectful comments made
towards [Mr. Gales…and] the staffing meeting ended with [the ward] and D. Gales
shaking hands.”
54.

As a result of Defendant’s racially motivated discrimination,

retaliation, and the hostile work environment that Mr. Gales was made to endure,
Mr. Gales has been diagnosed with Post-Traumatic Stress Disorder.
55.

From June 16, 2017 to present, except for January 2, 2018 to

February 7, 2018, Mr. Gales has not been able to return to work, primarily due to
the post-traumatic distress he continues to experience as a result of the horrendous
discrimination, retaliation, and/or hostile work environment that he was made to
9

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endure.
56.

From June 16, 2017 to present, Mr. Gales has been denied the

opportunity for promotions, training for promotions, the accumulation of credit for
retirement, seniority, vacation time, sick leave, and raises, and benefits, amongst
other things.
COUNT I – RACE DISCRIMINATION IN VIOLATION OF
42 U.S.C. § 1981
57.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

58.

Defendant’s conduct constitutes unlawful discrimination based upon

race, in violation of 42 U.S.C. § 1981.
59.

The actions of Defendant alleged above were intentionally and

purposefully done to Plaintiff because of his race.
60.

Defendant subjected Plaintiff to racial discrimination, including

denying him the opportunity for promotions, training for promotions, the
accumulation of credit for retirement, seniority, vacation time, sick leave, raises,
and benefits, amongst other things, and by subjecting him to surveillance, issuing
untimely and unwarranted discipline, and an otherwise hostile work environment
based on race.
61.

Defendant’s discriminatory actions were willful, deliberate, and

intentional.
62.

The injuries to Plaintiff that arose as a consequence of Defendant’s
10

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conduct were foreseeable and intentionally caused by Defendant.
63.

As a direct and proximate result of the Defendant’s violations of 42

U.S.C. § 1981, Plaintiff suffered economic damages including but not limited to,
loss of wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
64.

As a direct and proximate result of Defendant’s violations of 42

U.S.C. § 1981, Plaintiff has suffered emotional and physical distress, mental and
physical anguish, loss of reputation, humiliation, and embarrassment and the
physical effects associated therewith, and will so suffer in the future.
65.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
66.

As a result of Defendant’s violations of 42 U.S.C. § 1981, Plaintiff

has suffered irreparable harm for which there is no plain, adequate or complete
remedy at law.
67.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to 42 U.S.C. § 1981.
COUNT II –HARASSMENT BASED ON RACE IN VIOLATION OF
42 U.S.C. § 1981
11

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68.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

69.

Defendant subjected Plaintiff to racial harassment including denying

him promotions, pay raises, benefits, training, and by subjecting him to
surveillance, issuing untimely and unwarranted discipline, and an otherwise hostile
work environment based on race and complaint of racial discrimination.
70.

Defendant’s conduct constitutes unlawful harassment based upon

race and Plaintiff’s complaints of racial discrimination, in violation of 42 U.S.C. §
1981.
71.

Defendant’s harassing actions were willful, deliberate, and

intentional.
72.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
73.

As a direct and proximate result of the Defendant’s violations of 42

U.S.C. § 1981, Plaintiff suffered economic damages including but not limited to,
loss of wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
74.

As a direct and proximate result of Defendant’s violations of 42

U.S.C. § 1981, Plaintiff has suffered emotional and physical distress, mental and
physical anguish, loss of reputation, humiliation, and embarrassment and the
physical effects associated therewith, and will so suffer in the future.
12

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75.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
76.

As a result of Defendant’s violations of 42 U.S.C. § 1981, Plaintiff

has suffered irreparable harm for which there is no plain, adequate or complete
remedy at law.
77.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to 42 U.S.C. § 1981.
COUNT III –RETALIATION BASED ON RACE IN VIOLATION OF
42 U.S.C. § 1981
78.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

79.

Defendant subjected Plaintiff to racial retaliation, including denying

him the opportunity for promotions, training for promotions, the accumulation of
credit for retirement, seniority, vacation time, sick leave, raises, and benefits,
amongst other things, and by subjecting him to surveillance, issuing untimely and
unwarranted discipline, and an otherwise retaliatory hostile work environment
based on race and/or Plaintiff’s objection to racial discrimination/harassment.
80.

Defendant’s conduct constitutes unlawful retaliation based upon

Plaintiff’s complaints of racial discrimination, in violation of 42 U.S.C. § 1981.
13

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81.

Defendant’s retaliatory actions were willful, deliberate, and

intentional.
82.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
83.

As a direct and proximate result of the Defendant’s violations of 42

U.S.C. § 1981, Plaintiff suffered economic damages including but not limited to,
loss of wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
84.

As a direct and proximate result of Defendant’s violations of 42

U.S.C. § 1981, Plaintiff has suffered emotional and physical distress, mental and
physical anguish, loss of reputation, humiliation, and embarrassment and the
physical effects associated therewith, and will so suffer in the future.
85.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
86.

As a result of Defendant’s violations of 42 U.S.C. § 1981, Plaintiff

has suffered irreparable harm for which there is no plain, adequate or complete
remedy at law.
14

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87.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to 42 U.S.C. § 1981.
COUNT IV – RACE DISCRIMINATION IN VIOLATION OF
TITLE VII
88.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

89.

Defendant subjected Plaintiff to racial discrimination, including

denying him the opportunity for promotions, training for promotions, the
accumulation of credit for retirement, seniority, vacation time, sick leave, raises,
and benefits, amongst other things, and by subjecting him to surveillance, issuing
untimely and unwarranted discipline, and an otherwise hostile work environment
based on race.
90.

Defendant’s conduct constitutes unlawful discrimination based upon

race in violation of Title VII.
91.

Defendant’s discriminatory actions were willful, deliberate, and

intentional.
92.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
93.

As a direct and proximate result of the Defendant’s violations of

Title VII, Plaintiff suffered economic damages including but not limited to, loss of
wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
15

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94.

As a direct and proximate result of Defendant’s violations of Title

VII, Plaintiff has suffered emotional and physical distress, mental and physical
anguish, loss of reputation, humiliation, and embarrassment and the physical effects
associated therewith, and will so suffer in the future.
95.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
96.

As a result of Defendant’s violations of Title VII, Plaintiff has

suffered irreparable harm for which there is no plain, adequate or complete remedy
at law.
97.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to Title VII.
COUNT V – HARASSMENT BASED ON RACE IN VIOLATION OF
TITLE VII
98.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

99.

Defendant subjected Plaintiff to racial harassment including denying

him promotions, pay raises, benefits, training, and by subjecting him to
surveillance, issuing untimely and unwarranted discipline, and an otherwise hostile
work environment based on race and complaint of racial discrimination.
16

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100.

Defendant’s conduct constitutes unlawful discrimination based upon

race and Plaintiff’s complaints of racial discrimination, in violation of Title VII.
101.

Defendant’s harassing actions were willful, deliberate, and

intentional.
102.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
103.

As a direct and proximate result of the Defendant’s violations of

Title VII, Plaintiff suffered economic damages including but not limited to, loss of
wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
104.

As a direct and proximate result of Defendant’s violations of Title

VII, Plaintiff has suffered emotional and physical distress, mental and physical
anguish, loss of reputation, humiliation, and embarrassment and the physical effects
associated therewith, and will so suffer in the future.
105.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
106.

As a result of Defendant’s violations of Title VII, Plaintiff has
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suffered irreparable harm for which there is no plain, adequate or complete remedy
at law.
107.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to Title VII.
COUNT VI – RETALIATION BASED ON RACE IN VIOLATION OF
TITLE VII
108.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

109.

Defendant subjected Plaintiff to racial retaliation, including denying

him the opportunity for promotions, training for promotions, the accumulation of
credit for retirement, seniority, vacation time, sick leave, raises, and benefits,
amongst other things, and by subjecting him to surveillance, issuing untimely and
unwarranted discipline, and an otherwise hostile work environment based on race.
110.

Defendant’s conduct constitutes unlawful retaliation based upon

Plaintiff’s complaints of racial discrimination in violation of Title VII.
111.

Defendant’s retaliatory actions were willful, deliberate, and

intentional.
112.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
113.

As a direct and proximate result of the Defendant’s violations of

Title VII, Plaintiff suffered economic damages including but not limited to, loss of
wages, loss of benefits, back pay, front pay including the loss or decrease of
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Plaintiff’s pension and other retirement benefits, and other expenses.
114.

As a direct and proximate result of Defendant’s violations of Title

VII, Plaintiff has suffered emotional and physical distress, mental and physical
anguish, loss of reputation, humiliation and embarrassment and the physical effects
associated therewith, and will so suffer in the future.
115.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
116.

The actions of Defendant are in willful and wonton disregard of the

rights of Plaintiff so as to entitle Plaintiff to an award of punitive damages against
Defendant to punish it for its conduct and to deter it and others from such conduct
in the future.
117.

As a result of Defendant’s violations of Title VII, Plaintiff has

suffered irreparable harm for which there is no plain, adequate or complete remedy
at law.
118.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to Title VII.
COUNT VII – RACE DISCRIMINATION IN VIOLATION OF
THE FEHA
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119.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

120.

Defendant subjected Plaintiff to racial discrimination, including

denying him the opportunity for promotions, training for promotions, the
accumulation of credit for retirement, seniority, vacation time, sick leave, raises,
and benefits, amongst other things, and by subjecting him to surveillance, issuing
untimely and unwarranted discipline, and an otherwise hostile work environment
based on race.
121.

Defendant’s conduct constitutes unlawful discrimination based upon

race in violation of the FEHA.
122.

Defendant’s discriminatory actions were willful, deliberate, and

intentional.
123.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
124.

As a direct and proximate result of the Defendant’s violations of the

FEHA, Plaintiff suffered economic damages including but not limited to, loss of
wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
125.

As a direct and proximate result of Defendant’s violations of the

FEHA, Plaintiff has suffered emotional and physical distress, mental and physical
anguish, loss of reputation, humiliation, and embarrassment and the physical effects
20

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associated therewith, and will so suffer in the future.
126.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
127.

As a result of Defendant’s violations of the FEHA, Plaintiff has

suffered irreparable harm for which there is no plain, adequate or complete remedy
at law.
128.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to the FEHA.
COUNT VIII – HARASSMENT BASED ON RACE IN VIOLATION OF
THE FEHA
129.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

130.

Defendant subjected Plaintiff to racial harassment including denying

him promotions, pay raises, benefits, training, and by subjecting him to
surveillance, issuing untimely and unwarranted discipline, and an otherwise hostile
work environment based on race and complaint of racial discrimination.
131.

Defendant’s conduct constitutes unlawful discrimination based upon

race and Plaintiff’s complaints of racial discrimination, in violation of the FEHA.
132.

Defendant’s harassing actions were willful, deliberate, and
21

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intentional.
133.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
134.

As a direct and proximate result of the Defendant’s violations of the

FEHA, Plaintiff suffered economic damages including but not limited to, loss of
wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
135.

As a direct and proximate result of Defendant’s violations of the

FEHA, Plaintiff has suffered emotional and physical distress, mental and physical
anguish, loss of reputation, humiliation, and embarrassment and the physical effects
associated therewith, and will so suffer in the future.
136.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
137.

As a result of Defendant’s violations of the FEHA, Plaintiff has

suffered irreparable harm for which there is no plain, adequate or complete remedy
at law.
138.

Plaintiff is entitled to recover reasonable attorneys’ fees and
22

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litigation expenses pursuant to the FEHA.
COUNT IX – RETALIATION BASED ON RACE IN VIOLATION OF
THE FEHA
139.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

140.

Defendant subjected Plaintiff to racial retaliation, including denying

him the opportunity for promotions, training for promotions, the accumulation of
credit for retirement, seniority, vacation time, sick leave, raises, and benefits,
amongst other things, and by subjecting him to surveillance, issuing untimely and
unwarranted discipline, and an otherwise hostile work environment based on race.
141.

Defendant’s conduct constitutes unlawful retaliation based upon

Plaintiff’s complaints of racial discrimination, in violation of the FEHA.
142.

Defendant’s retaliatory actions were willful, deliberate, and

intentional.
143.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
144.

As a direct and proximate result of the Defendant’s violations of the

FEHA, Plaintiff suffered economic damages including but not limited to, loss of
wages, loss of benefits, back pay, front pay including the loss or decrease of
Plaintiff’s pension and other retirement benefits, and other expenses.
145.

As a direct and proximate result of Defendant’s violations of the

FEHA, Plaintiff has suffered emotional and physical distress, mental and physical
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anguish, loss of reputation, humiliation, and embarrassment and the physical effects
associated therewith, and will so suffer in the future.
146.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
147.

As a result of Defendant’s violations of the FEHA, Plaintiff has

suffered irreparable harm for which there is no plain, adequate or complete remedy
at law.
148.

Plaintiff is entitled to recover reasonable attorneys’ fees and

litigation expenses pursuant to the FEHA.
COUNT X – RETALIATION FOR DISCLOSING UNLAWFUL ACTS
IN VIOLATION OF CAL. LAB. CODE 1102.5
149.

Plaintiff realleges and incorporates paragraphs 1-56 herein.

150.

At all times alleged herein, California Labor Code § 1102.5 was in

full effect and binding on Defendant.
151.

Pursuant to California Labor Code § 1102.5, Plaintiff had a legal

right to disclose unlawful acts to those with authority to investigate, discover or
correct such violations without retaliation from Defendant.
152.

Plaintiff reported and disclosed unlawful acts prohibited by FEHA,
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the Labor Code, 42 U.S.C. § 1981, and Title VII, among other laws, to managers
and superiors employed by Defendant.
153.

Defendant subjected Plaintiff to racial retaliation, including denying

him the opportunity for promotions, training for promotions, the accumulation of
credit for retirement, seniority, vacation time, sick leave, raises, and benefits,
amongst other things, and by subjecting him to surveillance, issuing untimely and
unwarranted discipline, and an otherwise hostile work environment based on race.
154.

Defendant’s conduct constitutes unlawful retaliation based upon

Plaintiff’s complaints of racial discrimination, in violation of California Labor
Code § 1102.5.
155.

Defendant’s retaliatory actions were willful, deliberate, and

intentional.
156.

The injuries to Plaintiff that arose as a consequence of Defendant’s

conduct were foreseeable and intentionally caused by Defendant.
157.

As a direct and proximate result of the Defendant’s violations of

California Labor Code § 1102.5, Plaintiff suffered economic damages including
but not limited to, loss of wages, loss of benefits, back pay, front pay including the
loss or decrease of Plaintiff’s pension and other retirement benefits, and other
expenses.
158.

As a direct and proximate result of Defendant’s violations of
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California Labor Code § 1102.5, Plaintiff has suffered emotional and physical
distress, mental and physical anguish, loss of reputation, humiliation, and
embarrassment and the physical effects associated therewith, and will so suffer in the
future.
159.

As a direct, natural, proximate and foreseeable result of the actions

of Defendant, Plaintiff has suffered injuries for which he is entitled to
compensation, including, but not limited to, future pecuniary losses, emotional
pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other
non-pecuniary losses.
160.

As a result of Defendant’s violations of California Labor Code §

1102.5, Plaintiff has suffered irreparable harm for which there is no plain, adequate
or complete remedy at law
COUNT XI – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
161.

Plaintiff realleges and incorporates paragraphs 1- 56 herein.

162.

The conduct complained of was outside the conduct expected to

exist in the workplace, was intentional and malicious and done to cause Plaintiff to
suffer humiliation, mental anguish, and emotional and physical distress.
163.

In confirming and ratifying the complained of conduct, Defendant’s

conduct was done with the knowledge that Plaintiff’s emotional and physical
distress would thereby increase, and was done with a wanton and reckless
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disregard of the consequences to Plaintiff.
164.

As a proximate result of Defendant’s conduct and by their

intentional infliction of emotional distress as alleged herein, Plaintiff has been
harmed in that Plaintiff has suffered humiliation, mental anguish, and emotional
and physical sickness, and has been injured in mind and health.
165.

As a result of said distress and consequent harm, Plaintiff has

suffered such damages in an amount proven at time of trial.
166.

Defendant authorized, ratified, knew of the wrongful conduct

complained of herein, but failed to take immediate and appropriate corrective
action to remedy the situation, and engaged in further wrongful conduct, thereby
acted fraudulently, maliciously, oppressively and with reckless disregard of
Plaintiff’s rights and safety, and thereby entitling Plaintiff to an award of punitive
damages.
COUNT VIII – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS
167.

Plaintiff realleges and incorporates paragraphs 1-56 and 161-166

herein.
168.

In the alternative, if said conduct of Defendant, and each of them,

and their agents and employees was not intentional, it was negligent, and Plaintiff
is thereby entitled to general damages and all other damages available for the
negligent infliction of emotional distress.
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REQUEST FOR RELIEF
WHEREFORE, Plaintiff prays for damages in an amount to be determined
at trial, together with interest, cost of suit, attorneys’ fees, and all such other relief
as the court deems just and proper which include:
a.

Declare that the aforementioned practices and actions of

Defendant constitute unlawful employment practices in violation of
Section 1981, Title VII, FEHA, and Cal. Lab. Code § 1102.5;
b.

Award Plaintiff all lost wages, past and future, including the

loss or decrease of Plaintiff’s pension and other retirement benefits, and
other monetary damages to which he is entitled to including interest;
c.

Award Plaintiff compensatory and punitive damages;

d.

Award Plaintiff reasonable attorney’s fees, costs, and interest;

e.

Award Plaintiff equitable relief including, but not limited to: an

injunction directing Defendant to cease their discriminatory conduct and
practices; full reinstatement to her employment and position with
Defendant; and
f.

Award all other relief as this Court deems just and proper and

any other relief afforded under the Section 1981, Title VII, FEHA, and Cal.
Lab. Code § 1102.5, and for Plaintiff’s IIED and NIED common law
claims.
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DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury.
Dated this 10th day of June, 2019.
By: /s/ Michael N. Hanna
MORGAN & MORGAN, P.A.
MICHAEL N. HANNA (pro hac vice)
Michigan Bar No.: P81462
Florida Bar No.: 85035
WARREN ASTBURY
California Bar No.: 311962
Michigan Bar No.: P82416
Illinois Bar No.: 6298999
Florida Bar No.: 78056
Attorney for Plaintiff
2000 Town Center
Suite 1900
Southfield, MI 48075
Tel: (313) 251-1399
Fax: (313) 739-1976
mhanna@forthepeople.com
wastbury@forthepeople.com
Attorneys for Plaintiff

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