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Employment Law
Gender Discrimination
Retaliation

Katherine Gomez v. Evergreen School District

Published: Nov. 25, 2022 | Result Date: Sep. 30, 2022 | Filing Date: May 1, 2020 |

Case number: 5:20-cv-03008-NC Bench Verdict –  $2,027,653

Judge

Nathanael M. Cousins

Court

USDC Northern District of California


Attorneys

Plaintiff

Sonya Z. Mehta
(Siegel, Yee, Brunner & Mehta)


Defendant

Eric J. Bengtson
(Davis, Bengtson & Young APLC)

Mark Davis
(Davis, Bengtson & Young APLC)


Facts

In 2011, the Board hired Ms. Gomez as Superintendent, after she served over 20 years as an excellent teacher, principal, administrator, and assistant superintendent at the District. In 2015, the District conducted a salary study of all District jobs compared to six similar districts, which showed it ranked last in Superintendent compensation by at least 22%. Ms. Gomez then calculated that the District also vastly underpaid her as compared to her male predecessor Clif Black.

From 2016 on, Ms. Gomez repeatedly raised the issue to the District's Board, but it refused to solve the problem. Board member Jim Zito stated that the only reason Board members Sylvia Alvarez and Sylvia Arenas wanted to increase Ms. Gomez's salary was because they had "the same thing between their legs." The District agreed to a small increase then reneged. The Court found the District retaliated against Ms. Gomez for her Equal Pay complaints by lying about her performance, forcing this incredibly successful woman to retire early.

Ms. Gomez filed a DFEH complaint in 2017, then filed suit in 2020. The District concocted sixteen reasons for underpaying Ms. Gomez, including lack of funds. The court found these all to be pretext, and credited the testimony of Alvarez, former Evergreen CBO Nelly Yang, former Evergreen Teachers Association President Brian Wheatley, and Ms. Gomez herself that the District could afford fair pay, and Zito was sexist. It found former Board member Bonnie Mace to not be credible.

Injuries

Unequal pay, emotional distress

Result

Plaintiff was awarded $2,027,653. The court held that Evergreen School District "significantly underpaid its first female Superintendent," engaged in "intentional discrimination," and "punish[ed] [her] for raising legitimate concerns."

Length

3.5 days


#139855

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