Jackson v. DMV
In this employment discrimination case, plaintiff Linda Jackson asserted she was subjected to racial discrimination and retaliation by her supervisor, Hector Gutierrez, at defendant Department of Motor Vehicles (the Department), resulting in the termination of her employment. The trial court granted summary judgment on the grounds the Department had established a legitimate business reason for its actions and Jackson had failed to show a triable issue as to whether her termination was based on a discriminatory or retaliatory motive.
Court conclude the trial courts ruling was correct on Jacksons causes of action for racial discrimination and harassment, but was incorrect on her causes of action for retaliation and failure to investigate and remediate the alleged retaliation. There is a triable issue as to whether, after he learned Jackson intended to file a discrimination complaint against him, Gutierrez trumped up or exaggerated instances of misconduct by Jackson to justify the reduction of her pay and ultimately the termination of her employment. There is also a triable issue as to whether the Department failed to complete its investigation of Jacksons discrimination complaint in a timely manner and thereby failed to take all reasonable steps necessary to prevent Gutierrezs retaliation against Jackson.
Accordingly, Court reverse, in part, the judgment in favor of the Department.
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