Mechanic sues boss for racial discrimination and many other causes of action.
$176,000 jointly and severally.
The jury found in favor of plaintiff on his racial harassment cause of action. However, the jury found in favor of defendants on the race discrimination, disability discrimination, and intentional infliction of emotional distress causes of action. The jury further found that the plaintiff was an independent contractor, not an employee.
Lyon Law PC by Geoffrey C. Lyon and Christopher Garcia, Los Angeles.
Madrid Law Firm, A Professional Law Corp by Eduardo M. Madrid and Erica L. Madrid, Chino.
Jeffrey Gates, M.D., orthopedics, Riverside.
Hung Le, M.D., psychiatry, Corona.
Sharon Tanghal, LCSW, counseling, Chino.
Steven Graboff, M.D.,orthopedics, Huntington Beach.
Nadim Karim, Ph.D., psychology, Los Angeles.
Timothy Lanning, economics, Santa Ana.
Venita McMorris, economics.
Defendants, a heavy equipment rental company, hired plaintiff, a mechanic, to perform maintenance on their earth moving machines that were leased out to a general contractor.
Plaintiff brought this employment action claiming racial and disability discrimination, whistleblower retaliation, constructive termination, failure to determine and make reasonable accommodation for disability, improper classification as an independent contractor, intentional infliction of emotional distress, negligent infliction of emotional distress, defamation, and invasion of privacy: a total of 15 causes of action.
That plaintiff was hired as an employee and misclassified as an independent contractor.
After he walked off the job, plaintiff asserted that many of the conversations, text messages and emails between him and defendants were racially offensive and rose to the level of creating a hostile work environment.
Also, that plaintiff was injured on the job.
Plaintiff sued defendant for racial harassment, racial discrimination, disability discrimination, Intentional Infliction of Emotional Distress and Improper Classification as an Independent Contractor.
Defendant contended that plaintiff was hired as an independent contractor.
Defendant company owner, who is Caucasian, and plaintiff, who is African-American, developed a friendship. They laughed, joked and shared stories about themselves. Defendant would text and email jokes that he believed would be found humorous by plaintiff. Defendant never knew there was a problem and plaintiff never complained to defendant about any of the subject matter.
An operator of the general contractor started a false rumor that defendant referred to the plaintiff with the “N” word. When plaintiff heard the rumor, he became very angry, felt betrayed and walked off the job.
Additionally, plaintiff attempted to blame defendants for exacerbation of an alleged knee injury that did not occur on the job.
Aggravation of knee injury.
This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.
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