Facts

Plaintiffs were six nighttime custodians that filed suit against their employer, North Orange County Community College District.

PLAINTIFF'S CONTENTIONS: Plaintiffs claimed they were subjected to discrimination and harassment on the basis of age and race by mid- and high-level management. Plaintiffs also claimed the district failed to prevent discrimination and harassment and, further, that plaintiffs were retaliated against for complaining of harassment/discrimination and for initiating the lawsuit.

DEFENDANT'S CONTENTIONS: Defendants argued that the plaintiff custodians had previously obtained tens of thousands of dollars of unearned wages by falsifying time cards over a period of years. This practice was discovered by the District in 2013, at which time each of plaintiffs signed agreements admitting to their misconduct in exchange for keeping their jobs. Within months, the District hired a manager to oversee plaintiffs (and dozens of other custodians) and ensure they were appearing for work and performing their duties.

Defendant claimed the plaintiffs were dissatisfied with having to report to a manager, leading to repeated requests for his termination. The plaintiffs filed numerous claims with the college district and other state and federal agencies accusing their manager of race and age discrimination and harassment. In response to each of these complaints, the District conducted several investigations, both internally and through a third party investigator, all of which concluded there was no evidence of race/age harassment or discrimination.

The District contended that plaintiffs' allegations of unlawful discrimination and harassment were without merit, that the District promptly and thoroughly investigated all claims presented to it, and that plaintiffs were not retaliated against for having made any complaints of the alleged conduct.

Damages

All plaintiffs claimed emotional distress damages and one of them claimed lost past and future earnings of approximately $300,000. Plaintiffs sought $1.9 million in emotional distress damages.

Result

Prior to closing statements, plaintiffs dismissed the individual defendant in exchange for a waiver of costs and an agreement not to pursue plaintiffs for malicious prosecution. The case continued against the college district. The jury returned a defense verdict in favor of the college district as to all causes of action by all plaintiffs.

Deliberation

four hours

Poll

12-0

Length

12 days, four weeks of trial