Los Angeles Disability Discrimination Lawyer Jeffrey Cowan

$499,000 for Sexual and Racial Harassment, Disability Discrimination, and Retaliation

A long-term Los Angeles employee became the victim of sexual and racial harassment when his Latino/Mexican-American manager began taunting him (privately and also around co-workers) about penis size while boasting about his own penis. The manager also taunted the employee (White) about the race of the employee’s wife (also White/Caucasian); and made racial comments to other employees (including penis references).

Los Angeles Sexual Harassment Attorney

Two months after the employee filed a DFEH sexual harassment and race discrimination complaint (with the company doing no investigation), he developed injuries that kept him from being able to do his customary job duties (which included driving and lifting heavy objects) and constituted a disability. Instead of giving the injured employee the same “light desk work” accommodation that all other injured employees had received in the past, or even discussing the issue (engaging in the interactive process, which California’s Fair Employment and Housing Act requires), the abusive manager told the employee “We have nothing for you; now get the fuck out of here.” An HR representative refused one requested accommodation because he worried it might result in new injury claims (which also is disability discrimination). The company person in charge of workers compensation claims considered these views and issued the last word: “Let him sit at home.” This forced the middle-aged employee to take unpaid disability leave for over a year – severely depleting his life savings.

Los Angeles Race Discrimination Lawyer

The victim hired Los Angeles employment trial lawyer Jeffrey Cowan of The Cowan Law Firm. After the employer rejected pre-litigation mediation, Mr. Cowan sued for sexual harassment, race discrimination, disability discrimination, and retaliation for having opposed unlawful discrimination in the workplace. Big discovery fights arose after the company refused to identify its employees where the plaintiff had worked so that Mr. Cowan could find witnesses to the penis taunting. Mr. Cowan won those motions. Witnesses were found (after dozens upon dozens of phone calls) who backed up the plaintiff’s story.

Los Angeles Civil Rights Attorney

The defendant tried to have most of the lawsuit dismissed on summary adjudication. Mr. Cowan beat those motions. With trial approaching, the employer reconsidered its position. The lawsuit settled for $499,000.