Court Cases Employment

MALDEF SUES NORTHERN CALIFORNIA MARKET, CLEANING FIRM FOR WORKPLACE HARASSMENT OF LATINOS

Sacramento, CA – A grocery store in Northern California and a company it uses for janitorial services harassed Latino employees and unlawfully fired one of them after they complained about the hostile work environment, a federal lawsuit filed today by MALDEF (Mexican American Legal Defense and Educational Fund) on behalf of the workers charges.

MALDEF DEFEATS REPEATED EFFORTS BY NATIONAL AIRLINE CLEANING COMPANY TO AVOID TRIAL IN EMPLOYMENT DISCRIMINATION CASE

LOS ANGELES, CA – Today, MALDEF defeated yet another effort by the national airline cleaning company Gate Gourmet, Inc. to dismiss a lawsuit challenging the company’s unlawful employment practices. Specifically, the lawsuit alleges that Gate Gourmet, contracted to clean for Delta Airlines at LAX, prohibited employees from using Spanish during work hours, including rest and meal breaks, all in violation of California Government Code sections 12951 and 12940.

POMONA COLLEGE FACES TRIAL IN TENURE DISCRIMINATION CASE

LOS ANGELES, CA – Yesterday, L.A. County Superior Court Judge Ernest Hiroshige denied a Pomona College effort to avoid trial in a lawsuit MALDEF filed against the college in the summer of 2013 for race and gender discrimination. In Martinez v. Pomona College, MALDEF represents Alma Martinez, a former Pomona professor who was denied tenure despite a proven track record of successfully meeting her duties throughout six years of employment with the college, and a unanimous departmental recommendation that she be promoted to a fully-tenured position. The trial is set to begin on July 22, 2015. Trial promises to expose significant evidence of anti-Latina discrimination at Pomona College.

MALDEF FILES SUIT ON BEHALF OF AIRPLANE CLEANERS FACING HARASSMENT FOR SPEAKING SPANISH IN THE WORKPLACE

LOS ANGELES, CA – Today, MALDEF filed a lawsuit against Gate Gourmet for unlawful employment practices. Gate Gourmet, a contracted cleaning service for Delta Airlines at LAX, illegally prohibited its employees, including those who only speak Spanish, from using Spanish during work hours, including rest and meal breaks, and threatened to replace employees who complained about management. The lawsuit alleges that this is unlawful harassment of employees, in violation of California Government Code sections 12951 and 12940.

MALDEF SUES JPMORGAN CHASE & CO. FOR DISCRIMINATION AGAINST EMPLOYEE WITH HIV

LOS ANGELES, CA – MALDEF filed a lawsuit against JPMorgan Chase & Co. (Chase) in Los Angeles County Superior Court late last week for unlawful discrimination against former Vice President of Community Development Banking, Jesus Leon. The suit seeks damages for violations of the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).

JUDGE ONCE AGAIN REJECTS DEFENDANTS’ REQUEST FOR NEW TRIAL IN MALDEF WESTMINSTER POLICE CASE

SANTA ANA, CA – The U.S. District Court for the Central District of California once again rejected a request for a new trial in the Flores v. City of Westminster case late last week. Additionally, the Court denied the Defendant’s claims that there was not substantial evidence to support the jury’s findings and verdict, and the court also awarded MALDEF and co-counsel Alexander Krackow + Glick LLP (AKG) $3.3 million in fees and costs.

MALDEF FILES LAWSUIT TO PROTECT CARWASHEROS FIRED IN ACT OF ILLEGAL EMPLOYER RETALIATION

LOS ANGELES, CA – MALDEF and the Wage Justice Center filed a lawsuit on behalf of two car wash workers — “Carwasheros” as they identify themselves — who were fired after participating in a wage class action suit against their employers. Previously, MALDEF prevailed in its efforts to ensure access to court in an ongoing class action lawsuit filed on behalf “Carwasheros” of three car washes operating in Los Angeles and Santa Monica. The current lawsuit alleges that two of those defendants, Silver Wash, Inc. (doing business as Santa Monica Car Wash and Detailing) and Gold Wash (doing business as Bubble Bee Car Wash), have retaliated against two plaintiffs for taking part in the original class action suit.

MALDEF SUES MICHIGAN COMPANIES FOR IMMIGRATION FRAUD AND LABOR VIOLATIONS

DETROIT, MI – Today, MALDEF filed suit in federal court in the Eastern District of Michigan against Systems USA Inc. and Systems USA Consulting LLC for violating the Racketeering Influenced and Corrupt Organizations Act (RICO), the Trafficking Victims Protection Act (TVPA), the Fair Labor Standards Act (FLSA), and the Michigan “Minimum Wage Law.” The companies recruited and enticed Mexican computer programmers to apply for nonexistent jobs, and systematically defrauded the federal government to obtain visas for those individuals by representing that they would be employing the programmers once they traveled to the United States. A copy of the complaint can be viewed here.

MALDEF SECURES ACCESS TO COURT FOR CARWASHEROS IN CHALLENGE TO UNFAIR WORKING CONDITIONS

LOS ANGELES, CA – MALDEF prevailed in its efforts to ensure access to court in an ongoing class action lawsuit filed on behalf of employees-or “Carwasheros,” as they identify themselves- of three car washes operating in Los Angeles and Santa Monica. The car wash companies include Lincoln Millennium Car Wash, Inc. (doing business as Millennium Car Wash), Silver Wash, Inc. (doing business as Santa Monica Car Wash and Detailing), and Gold Wash (doing business as Bubble Bee Car Wash).

MALDEF FILES EMPLOYMENT SUIT AGAINST ILLINOIS NUT PROCESSING PLANT

CHICAGO, IL – Today, MALDEF filed suit, in federal court in the Northern District of Illinois, against Illinois nut processing company, John B Sanfilippo & Son, Inc. (aka Fisher Nuts), for violating the Family Medical Leave Act (FMLA), and unlawfully terminating a Latino employee two days after he was diagnosed with cancer. During his tenure, the employee, a production supervisor, had been vocal about the unequal treatment of Latino workers by higher management. The suit seeks damages for the surviving spouse of the now deceased employee, Martin Palma Salcedo.

JURY AWARDS MILLIONS TO LATINO POLICE OFFICERS IN MALDEF SUIT AGAINST OC POLICE DEPARTMENT

SANTA ANA, CA – MALDEF and co-counsel J. Bernard Alexander has secured victory in Flores v. City of Westminster, a lawsuit filed in the United States District Court for the Central District of California in which attorneys successfully asserted the rights of three accomplished Latino police officers who were consistently denied coveted promotions and special assignments in retaliation for their complaints of discrimination. The jury found that the three Latino officers had indeed been denied special assignments that groom them for promotion within the department, and awarded the officers $3.55 million in damages.

TRIAL BEGINS IN MALDEF EMPLOYMENT DISCRIMINATION SUIT AGAINST ORANGE COUNTY POLICE DEPARTMENT

SANTA ANA, CA – On Tuesday, January 28, 2014, in a suit against the city of Westminster, California, MALDEF will commence trial, in the United States District Court for the Central District of California before the Honorable David O. Carter, to defend the rights of three accomplished Latino police officers who were consistently denied coveted promotions and special assignments because of their national origin. After filing complaints in 2010, the officers experienced severe workplace retaliation from superiors in the form of written reprimands, superfluous internal affairs investigations, negative reviews, and suspension.