(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
STATEMENT OF FACTS RELATING TO BROWN
29. Plaintiff incorporates herein by reference each and every allegation contained in paragraphs 1 through 28 with full force and effect as though fully set forth herein.
30. Brown is a Latina female, born XX/XX/1959, and is of Mexican descent and/or national origin. Brown is presently 49 years of age.
31. On or about 2004, Brown was hired by Defendant UCC. Her last position with Defendant UCC was working in packaging, earning $7.50 per hour. On or about July 11, 2006, Brown’s employment with Defendant UCC was terminated by Defendant David Smith who stated that there was no work. That was and is false and is a pretext for abusive employment practices at UCC.
32. While Brown was employed at UCC, she was subjected to a daily pattern and practice of sexual and racial discrimination, harassment and retaliation as a result of 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. For example, 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.
e) Defendant Paul Smith daily uttered sexually offensive remarks to non-compliant Latina women including labeling the Latina workers:
– bitch
– stupid cunts
– 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.
f) 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.
g) During the course of Brown’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.
h) Thereafter, Defendant David Smith spoke with Brown and demanded that Brown provide to David Smith private details and private information concerning the personal and intimate life of Plaintiff Patricia Green.
i) Brown 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 Brown’s employment, on the pretext that there was no work for her. (See Part 6 of 18.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.