(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
STATEMENT OF FACTS RELATING TO PLAINTIFF WHITE
49. Plaintiff incorporates herein by reference each and every allegation contained in paragraphs1 through 28 with full force and effect as though fully set forth herein.
50. White is a Latino male, born XX/XX/1968, and is of Mexican descent and/or national origin. White is presently 40 years of age.
51. On or about January 2006, White was hired by Defendant UCC. His last position with Defendant UCC was working in packaging, earning $7.50 per hour.
52. On or about June 2006, White’s employment with Defendant UCC was terminated by Defendant Paul Smith on the basis that there was no work. That was and is false and is a pretext for abusive employment practices at UCC.
53. While White was employed at UCC, he endured a daily pattern and practice of sexual and racial discrimination, harassment and retaliation resulting from serious and pervasive sexual and racial discrimination and harassment against Latina workers resulting in a sexually and racially hostile work environment, including but not limited to:
a) Defendant Paul Smith vocally announced on many occasions on the work floor to the Latina workers that as the owner he had the right to demand and expect sexual favors from the Latina female workers.
b) Defendant Paul Smith did not make the same statement to the non-Latina female workers.
c) Defendant Paul Smith maintained inside the workplace areas open and notorious sexual relationship with two other women known as Marta and Justine.
d) Defendant Paul Smith made it clear to the Latina work force that things would be better for them at work is they went along with the sexual expectations.
e) Defendant Paul Smith extended more favorable treatment to the women romantically involved with him in the workplace with respect to terms and conditions of employment.
f) Defendant Paul Smith daily uttered sexually offensive remarks to non-compliant Latina women including labeling the Latina workers:
– stupid cunts
– panochas (derived from Spanish language derogatory term for vagina)
– pan (short for panochas)
– would form a triangle with his bilateral thumb and index fingers directing at Latina workers while sticking out his wiggling tongue.
g) Defendant Paul Smith did not utter any similar sexually and/or racially offensive words at the non-Latina workers and did not perform any same or similar acts to the non-Latina workers.
h) During the course of White’s employment at UCC, Defendant Paul Smith persistently demanded a romantic and sexual relationship with Plaintiff Patricia Green. Patricia Green repeatedly rejected Paul Smith’s demands.
i) Thereafter, Defendant David Smith spoke with Alaca and demanded that Alcala provide to David Smith private details and private information concerning the personal and intimate life of Plaintiff Patricia Green.
j) Alcala only informed David Smith that Plaintiff Patricia Green was dating Plaintiff White, but otherwise refused to divulge any information concerning Plaintiff Patricia Green. As a direct result of her refusal, David Smith terminated Alcala’s employment, on the pretext that there was no work for her.
k) Shortly thereafter, a message was conveyed to Plaintiff Patricia Green for her to tell Plaintiff White that there was no more work for him. Plaintiff Patricia Green then told White that he had been fired.
54. All times herein mentioned, Defendants Paul Smith and David Smith daily maintained a pattern and practice of unlawful workplace racial discrimination and harassment against Latino and Latina plant floor workers, including Plaintiff, consisting of racial insults and racially offensive remarks, including:
– Mother fucking Mexican
– Ignorant Mexicans
– Hurry up motherfucker
– Lazy Mexican
– Fucking Mexican
– Wet back
– Fucking wet backs
– Stupid Mexican
– Mexicans are ignorant (See Part 9 of 18.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.