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Employment Law
Race Discrimination
Constructive Discharge

Michael C. Williams v. Smart & Final Stores Inc.

Published: Jan. 8, 2000 | Result Date: Nov. 15, 1999 | Filing Date: Jan. 1, 1900 |

Case number: CV979242MMM Bench Decision –  $0

Court

USDC Central


Attorneys

Plaintiff

Reed L. McLurkin Jr.


Defendant

Ronald G. Rosenberg
(Rosenberg & Koffman)

Gregory S. Koffman

Niva Telerant Faith


Facts

The plaintiff, an African-American, began working for defendant store in June 1993. The plaintiff alleged that the defendant discriminated against him by giving preference to Hispanics in the assignment of work hours and offering him reduced hours only. The plaintiff also alleged that, following complaints to his store manager and others concerning these practices, the defendant retaliated against him by assigning him even fewer hours and giving him a negative performance evaluation. In October 1995, the plaintiff filed discrimination complaints with the FEHA and the EEOC. The plaintiff contended that thereafter, the defendant continued to retaliate against him by requiring him to transfer to another store which defendant knew to be inconvenient. The plaintiff alleged he did not have a car at the time of the transfer and was unable to reach the new store by public transportation. On March 8, 1996, the plaintiff determined that he had been constructively discharged based on defendant's alleged discrimination, retaliation, arbitrary reduction of work hours without pay, work while injured, and transfer without justification. The defendant moved for summary judgment asserting that plaintiff's suit was untimely and that plaintiff could not prove a prima facie case of discrimination because he was not performing in accordance with its legitimate expectations. The defendant also contended that plaintiff could not establish that non African-American employees with equal qualifications were treated more favorably. With respect to plaintiff's retaliation claim, the defendant argued that plaintiff could not establish a prima facie case because plaintiff could not show a causal link between his discrimination complaints and any adverse employment action. The defendant asserted that even if plaintiff were able to establish a prima facie case of discrimination or retaliation, defendant had legitimate non-discriminatory and non-retaliatory reasons for each adverse employment action it took.

Settlement Discussions

The plaintiff demanded $70,000. The defendant offered $5,000.

Other Information

The decision was entered one year and 11 months after the case was filed.


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