Facts

Michael Gutierrez was promoted after working 11 years as a warehouse employee to a low-level managment position at the City of Los Angeles Department of Water and Power. During a 13-year span as the only Hispanic manager, Gutierrez interviewed, but was never promoted to a higher position. He sued the city for failure to promote, race discrimination, and retaliation. The judge granted summary adjudication on the race discrimination claim prior to mediation.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed he scored better on promotional tests than white workers who were promoted over him. One superior described "his kind" as "workhorses" and white superiors blacklisted him after he complained. The agency's racial discrimination trapped him in a low-level position as the only Hispanic manager in his section.

DEFENDANT'S CONTENTIONS:
Defendant contended the superiors followed established practice when they promoted better qualified candidates, one of which was black and another Pacific Islander. Plaintiff was twice temporarily promoted and may have been the only Hispanic manager in his section, but not in the entire department. Defendant contended that plaintiff wrongly inferred the workhorse comment was directed at his race and denied any acts of discrimination or retaliation by the agency.

Settlement Discussions

Plaintiff demanded $600,000; defendant offered $250,000.

Damages

Plaintiff made an unspecified demand for emotional distress and for lost benefits and wages.

Result

The case settled before trial for $565,000.