Won Jury Trial in Race Discrimination Lawsuit

2009

Payne & Fears LLP obtained a defense verdict for a manufacturing client on claims for racial discrimination, racial harassment and retaliation in a jury trial in San Bernardino County Superior Court.  The plaintiff was a 19-year employee whose employment was terminated for two safety violations in a short period of time.  He alleged that his safety violations were fabricated by his Supervisor in order to arrange his termination, motivated by the Supervisor's bias against him on the basis of his race (African-American) and age (over 65).  He also accused his Supervisor of repeatedly harassing him on the basis of his race and age, using racial epithets and accused his employer of terminating him in retaliation for complaints about the Supervisor's alleged harassment.  After a two-week trial, the jury returned defense verdicts on all of the plaintiff's race-based claims, for discrimination, harassment and retaliation.  While the jury was deliberating on the plaintiff's age claims, plaintiff accepted a cost waiver in exchange for abandoning his remaining claims for discrimination and harassment on the basis of his age.  James L. Payne and James R. Moss tried the case, with assistance from Laura Fleming.

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