Facts

Plaintiff JuDon Cherry is an African American fire fighter who served the defendant Contra Costa County Fire Protection District for 17 years. During the last several years of his employment he reported widespread racial discrimination including the Department's history of failing minorities on promotional exams. Subsequent to his complaints, plaintiff alleged that he was subjected to discrimination, harassment and retaliation. His mistreatment increased after he was promoted to Fire Engineer as defendants planned a series of exams designed to fail plaintiff. Although plaintiff passed his exams, he suffered a concussion and other injuries during a drill which required a medical leave of absence. Defendants proceeded to demote plaintiff back to Fire Captain, and, then, constructively discharge him in April 2021.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted the following causes of action against his employer, the Contra Costa County Fire Protection District (CCCFPD) and individual supervisors: racial discrimination; harassment; failure to prevent; retaliation; Civil Rights Violations [42 U.S.C. section 1893, 42 U.SC. section 1981]; violation of Labor Code section 1102.5; intentional infliction of emotional distress; negligent infliction of emotional distress; and violation of the Family Medical Leave Act.

DEFENDANT'S CONTENTIONS: Defendants denied plaintiff's allegations and contended that plaintiff was not harassed based on his race or any other reason and the decision not to pass him on probation was based on legitimate non-discriminatory reasons.

Settlement Discussions

On June 28, 2023, the parties attended private mediation with Mark C. Peters, which resulted in the settlement.

Result

$565,000 global settlement. In addition, CCCFPD agreed to work with a DEI consultant to review its policies and procedures pertaining to bias-related complaints, to review current training programs, and, if the consultant recommends, to further develop training on recognizing implicit bias in the workplace.