California LULAC Civil Rights Commission
P.O. Box 433 Torrance CA 90508-0433
For Immediate Release: July 21, 2006
For Information Contact: Jan Tucker 310.618.9596 Voicemail: 310.294.3043
Cell: 818.720.3719
FEDERAL JUDGE DENIES MOTION TO DISMISS
ANTI-SEGREGATION, RETALIATION SUIT
AGAINST SANTA CLARA COUNTY
Judge Jeremy Fogel today denied the County of Santa Claras
motion to dismiss a suit seeking damages and injunctive relief for having
segregated employees on the basis of race and national origin at a County
Department of Mental Health Facility.
The First Amended Complaint in Case No. C-05-3717-JF, Pezoa vs.
County of Santa Clara alleges that Two groups of workers were designated by
managerial policy into a Vietnamese Group and a Latino Group whose working
areas were officially designated by hallway signs with those specifications.
specifications. The purpose and effect of these groupings was to stymie and
prevent interaction between these groups and to instill a sense of inferiority
in the Latino Group by means of assigning higher work loads to the Latino
Group and giving them less flexibility in working conditions than that
afforded to the Vietnamese Group. Plaintiff was segregated into the Latino
Group and suffered from higher work loads and less flexibility along with the
rest of the group.
The County of Santa Clara contended that because it did not fire,
suspend, or formally discipline the Plaintiff, who had repeatedly protested the
segregation and discrimination, it was not liable for the suit. However, Judge
Fogel denied the Countys motion citing the United States Supreme Courts
recent holding in Burlington Northern & Santa Fe Railway Co. v. White (decided
June 22, 2006). Burlington Northern held that The anti-retaliation provision
[of Title VII of the Civil Rights Act] does not confine the actions and harms
it forbids to those that are related to employment or occur at the workplace.
Judge Fogel indicated that the the First Amended Complaint made out a case
alleging that the County had created a hostile working environment.
According to the First Amended Complaint, the supervisor
responsible for the segregation and discrimination was later fired when he
wound up listed on Megans list as a convicted sex offender.
-30-
Jan B. Tucker
P.O. Box 433 Torrance CA 90508-0433
Tel: 310.618.9596
Fax: 310.618.1950
www.janbtucker.com
[Non-text portions of this message have been removed]
------------------------ Yahoo! Groups Sponsor --------------------~-->
Great things are happening at Yahoo! Groups. See the new email design.
http://us.click.yahoo.com/TISQkA/hOaOAA/yQLSAA/7gSolB/TM
--------------------------------------------------------------------~->
---------------------------------------------------------------------------
LAAMN: Los Angeles Alternative Media Network
---------------------------------------------------------------------------
Unsubscribe: <mailto:[EMAIL PROTECTED]>
---------------------------------------------------------------------------
Subscribe: <mailto:[EMAIL PROTECTED]>
---------------------------------------------------------------------------
Digest: <mailto:[EMAIL PROTECTED]>
---------------------------------------------------------------------------
Help: <mailto:[EMAIL PROTECTED]>
---------------------------------------------------------------------------
Post: <mailto:[EMAIL PROTECTED]>
---------------------------------------------------------------------------
Archive1: <http://www.egroups.com/messages/laamn>
---------------------------------------------------------------------------
Archive2: <http://www.mail-archive.com/[EMAIL PROTECTED]>
---------------------------------------------------------------------------
Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/laamn/
<*> To unsubscribe from this group, send an email to:
[EMAIL PROTECTED]
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
