Facts

Plaintiff Michael Ortega was employed as a shift supervisor for San Jose's Environmental Services Dept. at its Water Pollution Control Plant in 2006 and 2007, having worked for the Department for over 27 years.

Ortega filed suit against the City of San Jose, as well as his supervisors, alleging discrimination, harassment, and retaliation.

PLAINTIFF'S CONTENTIONS:
Ortega contended that he was denied promotions twice in 2006 and 2007 to an assistant general operations supervisor position. Ortega claimed two white males received the promotions, despite the fact he was more qualified. He further alleged supervisors harassed and retaliated against him after he made various complaints, including filing a grievance with his union.

DEFENDANTS' CONTENTIONS:
The defense contended that Ortega did not take supervisors' directions well and was a troublesome employee who complained about perceived petty workplace violations. The defense also alleged that Ortega was denied promotions after interview panelists found he was not the most qualified.

Damages

Ortega sought damages for the difference in pay for what he earned versus the salary had he been promoted.

Injuries

Ortega claimed he suffered emotional distress from the treatment he received at work and had to take a one-year unpaid leave of absence to recover.

Result

The jury rendered a verdict for the defense.

Deliberation

1.5 hours

Poll

10-2

Length

five days