V. James DeSimone

V. James DeSimone

MARINA DEL REY - V. James DeSimone has more than 30 years’ expertise in plaintiff-side employment law. At the firm he founded in 2015, V. James DeSimone Law, he represents clients in litigation involving wrongful termination based on medical or racial discrimination, COVID-19 wrongful death matters and other cutting-edge employment cases.

He’s preparing for trials in July and September involving religious discrimination, among other claims.

In one, an Iranian-American Muslim working for a defense contractor was allegedly harassed on the job. In one instance, his supervisor told him he would not have a problem getting a security clearance “so long as he did not wear a burka” to work. Others made racist comments about shooting Middle Easterners and eating pork. He got negative employment reviews and faced retaliation when he complained of discrimination. Javed v. Raytheon Co. et al., BC699387 (L.A. Super. Ct., filed March 22, 2018).

“They talked about burkas and terrorism and set him up for termination,” DeSimone said.

In his other upcoming trial, DeSimone represents a Sephardic Jewish man born in Mexico who allegedly encountered religious and racial discrimination, harassment, retaliation and bullying at his job as a water technician for the city of Westminster. One supervisor shouted, “Sieg Heil!” and gave the plaintiff a Nazi salute. Others called him “beaner” and “stupid Mexican,” according to DeSimone’s complaint. Levy v. City of Westminster et al., 30-2019-01063410-CU-OE-CJC (O. Co. Super. Ct., filed April 12, 2019).

“Westminster chose to turn a blind eye,” DeSimone said.

The COVID-19 pandemic has led to employment disability discrimination and wrongful death cases. DeSimone represents the family of a man who worked for Riverside County as an equipment services supervisor. He and his wife had disabilities that made them vulnerable to the virus. The county allegedly declined the man’s requests for safety accommodations; he contracted COVID-19, took it home and infected his wife before he was hospitalized and died. Haywood et al. v. County of Riverside et al., CVRI2200079 (Riverside Co. Super. Ct., filed Jan. 7, 2022).

DeSimone said the case raises questions about the right to sue of a family member exposed to COVID-19. “We believe the wife is entitled to recover for her physical injuries,” he said.

In a case in which DeSimone prevailed for an African American phlebotomist harassed on the job at UCLA Santa Monica Hospital, the jury’s $1.6 million award was largely upheld on appeal and resolved successfully. The judge granted DeSimone more than $800,000 in attorney fees. Birden v. The Regents of the University of California, BC663189 (L.A. Super. Ct., filed Dec. 11, 2019).

“After I won that case, I was retained by two more female phlebotomists with similar claims,” DeSimone said. “Instead of disputing the verdict, UCLA should be looking inward. They haven’t learned their lesson.”

--John Roemer