Facts

Mahmoud Saqqa, a Jordanian who states his race as Caucasian, was employed by San Joaquin County (County) as a Senior Civil Engineer. In his position, Saqqa supervised and directed subordinate engineers and administrative and technical personnel in the planning, development, design, and construction of public work projects and programs. Saqqa's direct supervisor was Mike Selling, who reported to Kris Balaji, an Asian. Saqqa brought an action against the County and Balaji alleging defendants discriminated against him on the basis of race and age. Saqqa alleged that Balaji began to berate him over seemingly minor mistakes following Saqqa's interview for the scrapped-Engineering Service Manager position. Saqqa also alleged that Balaji also made statements wishing he had "younger management" and that "old managers like you need to retire." Defendants moved for summary judgment.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants refused to promote him to the ESM position because of his race because Balaji preferred the other candidate, who was the same race as Balaji. Specifically, plaintiff contended that after he was not chosen for the ESM position, plaintiff's subsequent monthly meetings with defendant Balaji show that the County was continuing to search for a candidate after the interviews. Plaintiff contended defendants created a hostile work environment based on his race. Plaintiff contended defendant Balaji never belittled or berated a person of Balaji's own Asian race. Plaintiff also contended that defendants harassed him based on his age.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions. Defendants contended that plaintiff failed to produce any evidence that would allow a reasonable juror to infer that the County continued to consider other applicants after rejecting plaintiff. Defendants contended that meetings between plaintiff and defendant Balaji were held for the purpose of discussing what the expectations were for the ESM position and how plaintiff could improve his skills. Defendants contended they also denied to promote an Asian candidate, the same race as Balaji, who also met the minimum qualifications. Defendants contended that plaintiff failed to produce any evidence that would allow a reasonable juror to infer that defendants created a hostile work environment based on race. Defendants contended that there is no evidence pointing Balaji's contact toward Saqqa was based on race. Defendants contended that plaintiff's age discrimination claim fails because Balaji's comments were not particularly severe and such comments concerning age were not made in reference to Saqqa.

Result

Defendants' motion for summary judgment was granted.

Other Information

Plaintiff intends to appeal the decision.