Monday, December 18, 2017

Plaintiff – Employment Discrimination Practice

On September 20, 2017, the Federal District Court for the Eastern District of California ruled in favor of an employment discrimination plaintiff represented by Mastagni Holstedt, APC, denying the defendants’ Motion for Summary Judgment. Mastagni Holstedt, APC represents a Butte County Sheriff’s Deputy, Michael Sears, in this federal Racial Discrimination and Harassment lawsuit against the Butte County Sheriff’s Office and a number of individual employees of the Sheriff’s Office. 

In the lawsuit, Deputy Sears – who is African American – asserts that members of the Butte County Sheriff’s Office engaged in derogatory and hateful speech because of race, including use of the word the “N-word” and terms such as “Canadian Blue Gum.”  Mr. Sears charges that a black and white plastic panda figurine was hanged in a Sheriff’s facility and Mr. Sears was told that “the hanging doll symbolized Mr. Sears because Mr. Sears is half-Black and half-White.”  Mr. Sears charges that he was denied promotional opportunities and other job benefits.  Taking evidence of these allegations into consideration – along with evidence of many more instances of racially discriminatory conduct – the Federal Court reasoned that “Plaintiff has offered sufficient evidence in the current posture to show that he was subject to discriminatory and harassing conduct and there are numerous triable issues of fact as to whether Defendants’ proffered reasons for their actions were legitimate or pretextual.” 

In so ruling, the federal court refused to deny Mr. Sears his day in court before a jury. The case now proceeds in litigation toward trial.