This case involved two Filipino and two Hispanic employees two males and two females who claimed that their employer first discriminated against them and then retaliated against them once the employees brought claims of discrimination.
In the litigation, the employer took the position that the employees were merely disgruntled because they did not like their new Vietnamese manager who was more strict than their previous manager. Further, defendant took the position that any post-complaint discipline was warranted due to significant performance issues and violations of company policy by the plaintiffs. Finally, defendant correctly pointed to the fact that there were no racial or ethnic slurs or discriminatory statements which bolstered the Company’s position that there was no discriminatory intent in any of the defendant managers’ actions.
Winer, McKenna & Burritt, LLP, conducted discovery which tended to indicate that the employees’ complaints were never adequately investigated and were often ignored. Further, the law firm conducted an investigation which resulted in statements by co-employees indicating that they believed that the plaintiffs were discriminated and retaliated against.
RESULT: $2,000,000 settlement on behalf of the plaintiffs