Facts

In 2006, Andrew Mounts applied for a promotion as a Parole Agent II with the California Dept. of Corrections and Rehabilitation (Department), having been a Parole Agent I specializing in serious sex offender tracking since 2001. The position was given to Ronald Sims, who worked in a different unit with a general caseload.

PLAINTIFF'S CONTENTIONS:
Mounts filed suit against the Department, alleging racial discrimination. He contended that he was more qualified for the position than Sims, but that Sims had been given the position due to race.

DEFENDANT'S CONTENTIONS:
The Department denied the allegations, contending that Sims was qualified for the position and his promotion was not based on race. The Department contended that Sims and Mounts had similar employment history, Sims exhibited better leadership qualities, and Sims had an advantage by holding a criminology degree versus Mounts' business degree. In addition, Sims performed better in his interview than Mounts.

Damages

Mounts sought $23,000 in damages for lost earnings as well as damages for emotional distress.

Result

The jury rendered a verdict for the defense.

Deliberation

one day

Poll

12-0

Length

three weeks