Facts

Plaintiffs Robert Mendoza and Xavier Martinez, both Hispanic, are employed by the Los Angeles Department of Water and Power (LADWP). On the Power side of LADWP's organization in early 2005, two-principle civil engineering drafting technician (PCEDT) "A" pay level positions existed, one in Distribution Drafting and one in Distribution Information Technology. Three employees were employed as PCEDTs at the "B" pay level one in Distribution Drafting - Tom Casey, a Caucasian, and two in Distribution Information Technology, the plaintiffs. Both PCEDT "As" retired in early 2005. The "A" position in Distribution Drafting was filled via an internal bid process, while LADWP decided to abolish the "A" position in Distribution Information Technology. Mendoza and Casey were the only applicants for the "A" position in Distribution Drafting and, following the Department's practice for selection via the internal bid process the position was awarded to Casey.

In addition, Mendoza was moved from Distribution Information Technology to Distribution Drafting in the latter half of 2005, while Martinez was told he would be moved to Distribution Drafting sometime in the future.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the failure to promote a Hispanic instead of Casey to the "A" position was discriminatory; and the decision to abolish the "A" position in Distribution Information Technology was motivated by discriminatory animus.

Mendoza further contended that the move of his position to Distribution Drafting was retaliatory, while Martinez's retaliation claim was based on the proposed move to Distribution Drafting.

DEFENDANT'S CONTENTIONS:
The defendant contended that the determination as to who was the better candidate for the PCEDT "A" in Distribution Drafting was based upon the interviewers' assessment of Mendoza and Casey's performance in their respective interviews, which were conducted in accordance with the Department's established policy and practice. No discriminatory animus or pretext could be established.

The decision to abolish the PCEDT "A" position in Distribution Information Technology was based upon management's assessment of organizational needs and appropriate staffing levels.

Moreover, as to plaintiffs' retaliation claim, Martinez could not establish any adverse employment action, while Mendoza could not demonstrate any nexus between protected activity and the alleged adverse employment action.

Result

Summary judgment granted in favor of defendant against the plaintiffs as to all causes of action.

Other Information

FILING DATE: Jan. 9, 2007.