Facts

Plaintiff Darrel Williams sued his employer defendant Helix Water District, claiming discrimination.

PLAINTIFF'S CONTENTIONS:
Plaintiff, who is African-American, works as a Senior Engineering Technician. He claimed that since the early 2000's he had not received certain promotions, which he believed he deserved and that he had been subjected to differential disciplinary treatment. In November 2011, plaintiff complained of what he described as a racial remark he had heard one employee direct towards another employee. In March 2012, plaintiff received a performance related reprimand.

Plaintiff asserted claims of race and color discrimination under the Fair Employment and Housing Act as well as FEHA based retaliation for reporting the racial remark he overheard. He claimed damages based upon the differential in income he believed he deserved if he had been promoted as well as general damages.

DEFENDANT'S CONTENTIONS:
Defendant claimed that plaintiff is a long-term District employee who over the years had received raises, promotions and generally good performance evaluations, with certain exceptions. The promotion plaintiff contended he was denied occurred in 2008. Defendant contended that plaintiff did not complain at the time. In 2012, he had fallen behind in completing the design of one or more projects. As a result, plaintiff received a written reprimand that did not alter the terms or conditions of his employment. Defendant claimed that plaintiff's allegations of race/color discrimination did not raise a triable issue of material fact. Further, the racial remark he heard between two other employees, defendant claimed, was appropriately investigated and plaintiff could not establish he suffered from any adverse employment action as a result of him complaining about the event.

Settlement Discussions

Plaintiff declined dispute resolution or a settlement offer.

Result

Summary Judgment granted in favor of defendant.

Other Information

Plaintiff is contemplating an appeal. FILING DATE: Oct. 13, 2013.