Truck driver is harassed by co-workers at cement plant.
The Case
- Case Name: Sample v. Cemex
- Court and Case Number: UCDC, Northern District Court / 3:23-CV-00428-WHO
- Date of Verdict or Judgment: Friday, April 03, 2026
- Date Action was Filed: Monday, January 30, 2023
- Type of Case: Discrimination, ADA, Discrimination, Racial, Employment
- Judge or Arbitrator(s): Hon. William Orrick, III
- Plaintiffs:
Joseph Sample, 59, truck driver
- Defendants:
Cemex Construction Materials Pacific LLC
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $5,000,000
- Non-Economic Damages:
$5,000,000
- Trial or Arbitration Time: 7 days
- Jury Deliberation Time: 2 days
- Jury Polls: 9-0
The Attorneys
- Attorney for the Plaintiff:
Benton Employment Law, PC by Chambord Benton-Hayes and Angel Alexander, San Ramon.
Pointer & Buelna, LLP by Adante Pointer and Patrick Buelna, Oakland.
- Attorney for the Defendant:
Hanson Bridgett, LLP by Dorothy Liu and Josue R. Aparicio, San Francisco.
The Experts
- Plaintiff’s Medical Expert(s):
George W. Woods, Jr., M.D., L.F.A.P.A., psychiatry and neurology.
- Defendant's Medical Expert(s):
Julie Armstrong, psychology.
Facts and Background
- Facts and Background:
Plaintiff was employed by defendant as a ready-mix truck driver for over five years, including between 2017 and 2022. Plaintiff was born with a disability affecting one ear, leaving him hard to understand at times, and he walked with a limp. Plaintiff alleged that throughout his employment with defendant, he was subjected to years of racial slurs, mockery and a hostile work environment.
- Plaintiff's Contentions:
That plaintiff experienced being called "the retard" on a daily basis. That many of his coworkers referred to him by that name in conversation amongst themselves within plaintiff's hearing. That coworkers made monkey noises after he made transmissions on the radio and when plaintiff went into the break room. That racial slurs were directed at him in the workplace over his five-year term of employment with Cemex.
At trial, a former long-time driver and trainer for defendant testified that he had witnessed the harassment and reported it to management, but no one from management followed up with him.
- Defendant's Contentions:
Defendant claimed to be unaware of any racial and disability harassment and denied all of plaintiff's allegations.
Defense claimed that at no time did plaintiff or anyone on his behalf report racial slurs being used in the workplace. That Cemex offers three formal reporting channels and plaintiff used none to raise complaints about slurs or derogatory language. Defense argued the conflict stemmed from workplace safety disputes and personality clashes rather than discrimination.