20-year City of Compton employee suffers discrimination, retaliation and termination. $655K. Los Angeles County.

Facts and Background

• Facts and Background:

  Plaintiff was a 20-year employee of the City of Compton, who was promoted from Accounting Technician to Director of Human Resources. She received very positive performance evaluations as Human Resources Director in 2006, and did not have any subsequent performance reviews.

  On January 5, 2011, she reported to then-City Manager Willie Norfleet that she believed then-City Council member Barbara Calhoun was discriminating against and harassing her. The alleged discrimination and harassment were due in part to negative comments about her performance made during the televised City Council meeting on the evening of January 4, 2011. That same day (Jan. 5, 2011), plaintiff was placed on paid administrative leave.

  City Manager Norfleet issued plaintiff a Notice of Intent to Terminate on September 1, 2011, alleging multiple performance deficiencies. On September 14, 2011, City Manager Norfleet presided over plaintiff's Skelly hearing and issued the Notice of Final Determination (the termination letter) that same day. Plaintiff was terminated effective September 15, 2011. Plaintiff attempted to obtain other work and had an offer from the City of Inglewood, which was later withdrawn due to budget constraints. Plaintiff was unable to secure other employment.

  In September 2014, plaintiff had an administrative appeal hearing before retired Justice Candace Cooper. On October 20, 2014, Justice Cooper determined the City did not have sufficient cause to terminate plaintiff and ordered her reinstated with back pay. Plaintiff returned to work in November 2014, and continued working through the first trial in April 2016. This case was tried on FEHA gender discrimination and retaliation theories in April 2016. Plaintiff successfully appealed the defense verdict. The case was re-tried over 10 days in May-June 2019.

• Plaintiff's Contentions:

  That plaintiff's termination was in retaliation for reporting discrimination and harassment by City Council member Barbara Calhoun.  That the alleged performance deficiencies were false and pretextual. Plaintiff also alleged gender discrimination based primarily on differential treatment in the termination process. The jury did not find gender discrimination.

• Defendant's Contentions:

  The City contended that the termination was not motivated by unlawful discrimination or retaliation; rather, the City reasonably believed the termination was justified. The City contended that it may have been wrong about having cause for the termination but did not have a gender-based discriminatory or retaliatory motive or intent.