Facts

In 2016, Demetris Wimberley, a Black man, a probationary employee of the City of San Diego (City) as a Streets Division laborer, was assigned to a work crew led by a Latino supervisor. In 2017, Wimberley fractured his foot on the job, and went on industrial leave. While on leave, he submitted an anonymous complaint to the City's fraud and abuse hot line regarding the handling of his workplace injury. Upon his return to work from leave, he was assigned to light duty. He complained the work did not meet his work restrictions, that his supervisor provided instructions in Spanish, his supervisor denied him overtime and training opportunities. After returning to his regular duties, Mr. Wimberly was involved in a traffic accident while driving a city vehicle. A subsequent accident investigation resulted in the termination of Mr. Wimberley's probationary employment, Mr. Wimberly brought an action alleging employment, disability, and race discrimination, retaliation, and wrongful termination.

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants discriminated against his race because he was given unfavorable treatment, assignments, shifts, and fewer opportunities compared to his Latino co-workers. Plaintiff contended that defendants discriminated against his disability by forcing him to return to work, despite being on crutches. Plaintiff contended that defendants retaliated against him by conducting retaliatory acts such as extending his probation period when he reported unfair treatment. Plaintiff contended that officials ignored his complaints about mistreatments. Plaintiff contended defendants mistreated him after suffering from a foot injury. Plaintiff contended that defendants used a minor vehicle crash as an excuse to fire him in retaliation for his complaints. Plaintiff contended he was wrongfully terminated.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

Without admitting liability or wrongdoing, the City settled the case for $97,500.