Category: racial discrimination

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Lawsuit Shines a Light on Alleged Racial Harassment at Tesla

Tesla must pay $137 million to a Black employee who sued for racial discrimination.

A California Superior Court recently ruled to validate a class-action lawsuit alleging “severe and pervasive race harassment” against Black employees at a Tesla factory in Fremont. This lawsuit not only affects the alleged victims but also sheds light on the controversial work environment within Tesla.

The claims stem from around 500 declarations, indicating that incidents of racial harassment have been frequent in Tesla’s Fremont factory for nearly eight years. These incidents include the use of racial slurs and derogatory language towards Black employees, as well as a lack of diversity within management positions at the factory. The plaintiffs argue that Tesla has created a hostile work environment for its Black employees, which violates California’s Fair Employment and Housing Act.

“There is much work to do, but we believe we will succeed in showing at trial that there has been a pattern and practice of pervasive race harassment at Tesla’s Fremont factory.” Matthew Helland from Nichols Kaster LLP

Despite having a complaint system since 2017, the lawsuit alleges that Tesla failed to take immediate and appropriate corrective action in response to these accusations. Over 200 plaintiffs working at the Fremont facility reported hearing racial slurs, and about two-thirds of those who provided sworn statements claimed they witnessed anti-Black graffiti and racial slurs.

Further allegations from individual plaintiffs suggest a deeply rooted issue within the factory’s management and work culture, as they reported unchanged racist behaviors despite complaints to supervisors and human resources.

This is not the first time Tesla has faced allegations of unchecked racial harassment and discrimination. In 2021, a former elevator operator at the Fremont factory was awarded $137 million by a federal jury in San Francisco in a racial harassment lawsuit. The significant award underscores the severity of the emotional distress and hostile work environment endured by the plaintiff during his time at the factory.

The lawsuit criticizes the alleged “pre-Civil Rights Era race discrimination” as a standard procedure at the Tesla plant. It asserts that despite awareness of the issue, Tesla took no action to stop it. This accusation contradicts Tesla’s stance in a 2022 blog post, where the company strongly opposed discrimination and harassment and stated that it terminated employees engaged in misconduct.

The case will now focus on determining if there was a pattern of widespread racial harassment at the Fremont factory, whether Tesla was aware of it, and if Tesla took adequate steps to address it. According to Alameda County Superior Court Judge Noel Wise, this lawsuit will provide common facts that can simplify individual cases, as hundreds or thousands of workers may wish to seek damages from Tesla over their treatment.

This case further highlights the ongoing struggle for equality and respect in the workplace, emphasizing the importance of ensuring a safe and comfortable working environment for all, regardless of the company’s size or caliber.

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$800K Hiring Discrimination Settlement with Caterpillar Inc.

Your workplace should be free of discrimination and harassment. Contact the attorneys of Helmer Friedman LLP for information.

The U.S. Department of Labor has entered into a conciliation agreement with Caterpillar Inc. to resolve alleged systemic hiring discrimination against 60 Black applicants at a heavy equipment manufacturer’s production facility in Decatur, Illinois.

Caterpillar Inc. will pay affected job applicants $800,000 in back wages and interest and offer jobs to 34 eligible class members to resolve the allegations. In a proactive step towards change, the company has also agreed to ensure its hiring policies and procedures are free from discrimination and provide training to all managers, supervisors, and other company officials who oversee hiring decisions.

A routine compliance review by the department’s Office of the Federal Contract Compliance Programs found that Caterpillar discriminated against 60 Black applicants who applied for fabrication specialist/welder positions at its Decatur facility from March 30, 2018, to March 30, 2020. OFCCP enforces Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, sex, color, religion, sexual orientation, gender identity, or national origin.

“For the past 58 years, OFCCP has been at the forefront of defining and defending equal employment opportunity in the American workplace. We remain steadfast in our commitment to addressing employment policies and practices that create barriers to opportunity and perpetuate inequality,” reassured Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “Companies that accept federal contracts must diligently monitor their hiring processes to ensure applicants are not rejected based on unlawful practices.”

“Our agreement with Caterpillar exemplifies the Office of Federal Contract Compliance Programs’ (OFCCP) commitment to addressing and remedying preliminary indicators of discrimination in our compliance evaluations. As the enforcer of Executive Order 11246, OFCCP ensures that federal contractors like Caterpillar uphold equal employment opportunity. This agreement provides meaningful compensation and job opportunities to affected individuals and aims to ensure that all applicants, irrespective of their race, are considered equally for employment.”

Caterpillar Inc. has contracts to provide machinery to the U.S. Department of the Army, and since 2018, Caterpillar Inc. has held more than $481 million in federal contracts.

OFCCP has introduced the Class Member Locator, a powerful tool to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you believe you may be a class member who applied for a fabrication specialist/welder position with Caterpillar Inc. at its Decatur facility during the investigative period, we encourage you to use OFCCP’s Class Member Locator to learn more about this and other settlements.

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Liberty Energy Faces $265,000 Penalty in Race/Color, National Origin Discrimination Case

Race, color, ethnic harassment and discrimination in the oil industry lawyers - Helmer Friedman LLP.

Federal Agency Announces Resolution to Charges of Racial and Ethnic Harassment in the Workplace

Liberty Energy, Inc., operating as Liberty Oilfield Services, LLC, has been ordered to pay $265,000 due to allegations of racial and ethnic discrimination. The lawsuit was led by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of three company mechanics, setting a powerful example of the financial consequences of not adequately addressing harassment complaints.

Regional Attorney Robert Canino said, “Unfortunately, we have often seen cases in which one account of discriminatory treatment against a person based on a particular race or ethnicity leads to evidence that other racial or ethnic minorities have also been caught up in a broader unhealthy environment of demeaning and unlawful conduct. This employer’s commitment to address the bigger-picture issues can be expected to have a broader positive impact beyond the individual who filed the charge.”

The case details suggest a hostile work environment at Liberty Energy’s Odessa, Texas location, involving a Black field mechanic and two Hispanic co-workers who were consistently targeted with racial and ethnic slurs. The employees alleged that their multiple reports of discrimination to supervisors and human resources were ignored, leading to a damaging atmosphere that ultimately forced the Black mechanic to resign.

This case underscores the legal and financial implications businesses face when they fail to meet their obligations under Title VII of the Civil Rights Act of 1964, which strictly prohibits workplace discrimination based on race or national origin. In order to avoid substantial legal fees and monetary damages, it is crucial that complaints regarding discriminatory treatment are promptly and effectively addressed.
In addition to the financial penalty, Liberty Energy must now implement comprehensive measures and policies to prevent future discrimination, including:

  • Training programs on federal laws regarding employment discrimination.
  • A policy that empowers human resources and management personnel to promptly respond to discrimination reports.
  • A dedicated hotline for discrimination and harassment reporting.

EEOC Senior Trial Attorney Joel Clark expressed optimism about the settlement, expressing hope that the stipulated measures will foster a discrimination-free work environment within the company. Regional Attorney Robert Canino echoed the sentiment, highlighting that the employer’s commitment can contribute to a broader positive impact on workplace culture and practices.

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TikTok Race Discrimination, Hostile Work Environment and Wrongful Termination

TikTok employees alleging race discrimination, lawyers Helmer Friedman LLP Los Angeles CA.

Have you, or someone you know, experienced racial discrimination at TikTok? You’re not alone. Several former employees have claimed that they were victims of racial prejudice, being subjected to unfair treatment and a hostile work environment.

For instance, former workers Nnete Matima and Joël Carter have filed a federal lawsuit, alleging that they were treated less favorably than their white counterparts. They were allegedly referred to with insulting racial slurs such as “Black Snake”, and faced retaliation, culminating in unfair termination, when they raised this issue to human resources.

These instances are not just damaging to the morale of employees, but they are also illegal. It’s important to remember that TikTok, like all employers, claims to value diversity and has policies against racial discrimination and harassment. Yet, if the reality of your workplace tells a different story, please don’t be silent.

If you or someone you know have encountered similar experiences of racial discrimination, particularly involving unequal treatment, derogatory comments, or the encounter of a hostile work environment, it’s crucial to take the next step. Seek out the advisement of a reputable lawyer who specializes in race discrimination cases. Let’s ensure that your rights are protected and such instances are brought to light.

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Racial Discrimination, Harassment at Electric Boat Company

Your workplace should be free of discrimination and harassment. Contact the attorneys of Helmer Friedman LLP for information.

Imagine a workplace where your skills, experience, and professionalism can thrive without fear of racial discrimination or harassment. Sadly, for John Mack – an African-American man – this was just a dream. The reality, as alleged in a recent lawsuit, reveals a disturbing picture of racial discrimination within the Electric Boat Company.

Hired as a Structural Nuclear Welder by Riley Power Group (RPG) to work at Electric Boat, Mack performed his duties diligently and competently, receiving positive reviews about his work. Tragically, his experience soured as he began to face a hostile working environment, racial discrimination, and a series of assaults by a white supervisor.

What makes Mack’s story more shocking is the response when he reported these incidents. A human resources professional allegedly requested that he not file a police report, promising that Electric Boat would handle the matter internally.

Not only did this fail to bring any substantive disciplinary action against the perpetrator, but Mack also faced another racial incident involving a safety officer who made several racist comments about African-Americans. Yet again, despite reporting the incident, there was no significant disciplinary action.

The law is clear. The Rhode Island Civil Rights Act, the Rhode Island Whistleblower Protection Act, and the Fair Employment Practice Act prohibit discrimination and retaliation and protect employees against racial discrimination in the workplace. Mack bravely came forward to ensure that his rights and those of his coworkers are respected – and so can you.

Every employee deserves a safe, respectful, and equal work environment. Discrimination or harassment at work is not only damaging to individual rights, dignity, and sense of worth but also undermines the potential for businesses to enjoy a diverse, dynamic, and creative team.

If you experience or witness racial discrimination or harassment at work, know that you’re protected by law. Protect your rights. Take a stand. Speak out against racial discrimination, and together, let’s make our workplaces truly equitable and inclusive.

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Racial Harassment, Retaliation Lawsuit Settled for $105,000.

Helmer Friedman LLP protecting employee right to worplace free of racial harassment. Affordable Home Furnishings sued for racial discrimination.

Standing Up Against Workplace Racial Harassment: The Fight for Justice and Equality

Rise above the tide and stand against racial harassment in the workplace! Every individual has the right to a professional environment free from any form of racial discrimination. The lawsuit against Affordable Home Furnishings, where justice was served to an employee who faced racial harassment, serves as a profound testament to this belief.

The incident unfolded in their Florida Boulevard store where a white account manager racially harassed repeatedly using the word “n****r” while working with an African American manager-in-training. This deplorable act, followed by the inappropriate retaliatory firing of the manager-in-training for reporting the incident, was a gross violation of Title VII of the Civil Rights Act of 1964.

Fearlessly, the U.S. Equal Employment Opportunity Commission (EEOC) spearheaded the fight for justice. The result – a consent decree that ensured Affordable Home Furnishings paid $105,000 in back pay and damages to the former employee. Further measures included the company implementing training requirements, revising policies, setting up a complaint hotline, providing regular reports to the EEOC, as well as posting a notice affirming their commitment to Title VII.

The EEOC’s stand against racial harassment sends a powerful message to America at large – racial harassment and discrimination have no place in our workplaces. Federal and state laws are steadfast protectors of every employee’s right to a harassment-free work environment. To learn more about the laws prohibiting race discrimination and retaliation, visit www.HelmerFriedman.com.

Remember, together we can build a future fueled by respect, understanding, and racial harmony. Each one of us carries the flame that can light up the darkness of racial discrimination. Let’s stop racial harassment in the workplace, today and every day.

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INDIGENOUS AMERICAN DISCRIMINATION IN TRAVEL INDUSTRY

Indigenous American discrimination lawyers in Los Angeles.

Incident at Grand Gateway Hotel Highlights the Urgency for Inclusion in the Travel Industry

The Department of Justice recently reached an agreement with the Grand Gateway Hotel in South Dakota. Under this agreement, owner Connie Uhre is barred from any involvement in the company or its subsidiary businesses due to her discriminatory remarks against Indigenous Americans. However, the hotel is now facing fresh allegations of anti-Indigenous practices, this time involving Connie’s son, Nick Uhre. This recent lawsuit is not the Grand Gateway Hotel’s first complaint when it comes to being accused of anti-Indigenous behavior.

One such incident occurred in October when Ryan and Jessica White, a married couple from Wisconsin, saw their reservation canceled upon check-in. They took legal action against the Grand Gateway Hotel and Cheers Sports Lounge and Casino in Rapid City. According to the lawsuit, the Whites made reservations for three rooms through booking agent Travelocity. Jessica, who is white, faced no issues during check-in. However, when Ryan, an Indigenous American, entered the lobby, the employee (believed to be Nick Uhre) refused to process their check-in or honor their reservation.

Despite the Whites’ attempts to provide their confirmation number, the employee refused to acknowledge it or check the hotel’s system. The lawsuit also alleges that the employee yelled at a Travelocity representative to “speak English!” while discussing the reservation. The situation escalated when the employee asked Ryan White to leave the lobby, called security and threatened to involve law enforcement. Feeling threatened and discriminated against, the White family left the hotel and had to make another reservation through Travelocity.

The lawsuit argues that this incident is part of a larger pattern of discrimination by the Grand Gateway Hotel, creating a hostile and unwelcoming environment for Native Americans. Expedia Group, the parent company of Travelocity, has suspended the Grand Gateway Hotel from their platforms while further investigating the travelers’ experience. They have emphasized their zero-tolerance policy towards harassment, violence, and discrimination.

“It is crucial to address incidents of discrimination and foster an inclusive environment for all guests. At Expedia Group, we prioritize the safety and well-being of our customers and will take appropriate action against any form of harassment or discrimination. We stand with our Indigenous community and will continue to support and promote diversity and equality in the travel industry.”

In March 2022, The Daily Beast reported that the former owner of the Grand Gateway Hotel, Connie Uhre, made social media posts suggesting that the hotel would ban all Native Americans from the property following a recent incident. These posts sparked controversy as Connie stated that she couldn’t distinguish between “good” and “bad” Native Americans. However, Nick Uhre, speaking to South Dakota Public Broadcasting, clarified that Indigenous Americans are not banned from staying at the hotel.

Following these events, the NDN Collective, an Indigenous activist organization based in South Dakota, filed a complaint against the hotel, Connie Uhre, and Nick Uhre for explicit racial discrimination. As if the social media comments weren’t enough, Connie was arrested and charged with three counts of assault in May 2022 for allegedly spraying cleaning solutions at Indigenous Americans protesting outside the hotel.

In October 2022, the Department of Justice filed a lawsuit against the hotel for civil rights violations. The DOJ settled the case on November 11, 2023, demanding that Connie Uhre be removed from her position for four years and that the hotel and its owners issue a public apology specifically to tribal organizations in South Dakota and the Great Plains region. U.S. Attorney General Merrick Garland emphasized that the defendants’ actions were reminiscent of a long history of prejudice and exclusion faced by Native American communities.

The White family, who were involved in the incident, have filed a lawsuit seeking a trial by jury and financial relief.

Content derived from writing and reporting by Brooke Leigh Howard.

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WORKERS SAY THEY FACED DISCRIMINATION WORKING FOR THE CHICAGO UTILITY

Peoples Gas accused of racial discrimination by several employees.

Nearly a Dozen Former and Current Peoples Gas Workers Say in the Federal Lawsuit that the Company Racially Discriminated Against Black Employees in the Chicago Area

Letitia Jackson was excited about her job at one of the state’s largest utility companies, where few other professionals of color worked.

“For me to be the face of a Black woman that could say I know how to do construction, I know how to do piping,” Jackson said. “I was really proud of that and to say that I work at Peoples Gas — that was something I was proud of.”

But her aspirations of climbing the ranks of Peoples Gas fizzled as she started experiencing a culture she and other workers say discriminates against employees of color. She’s among 11 former and current Peoples Gas employees who filed a federal lawsuit against Peoples Gas, saying that non-Black workers sexualize workers and customers of color and face racial slurs.

According to the lawsuit, Peoples Gas assigned Black workers to an area that includes the South Side, and they frequently get assigned to jobs in neighborhoods without security where some have faced attacks. The workers also allege that the company did not address concerns about workplace racism and hazards.

Peoples Gas said the accusations aren’t true.

“We adamantly deny the allegations made by these individuals, including the extreme and false claims of racial bias, and will vigorously defend the suit. We provide a workplace with equal opportunities for all employees, including a long-standing unionized field workforce,” the utility stated.

During Jackson’s time with the company, she endured comments from coworkers about her clothes and speculation about what she would do for money, according to the lawsuit. It was part of a pattern other workers reported experiencing. One worker said coworkers speculated about his sex life because he is a Black man, while others heard fellow employees make sexual comments about Black customers.

Garland Eleby, another plaintiff, remembers on his first day of work hearing a white coworker using a racial slur.

“Nobody flinched,” said Eleby, who still works for Peoples Gas. “Nobody looked up or asked, ‘Hey, what’s wrong with you?’ Nothing. It rolled off the tongue like he said it every day.”

In addition to placing a more significant proportion of its Black employees in the South Side service area, the company also places them in communities with higher rates of crime. The lawsuit describes how current and former employees have been the victims of attacks, robberies, and attempted robberies.

Eleby claimed that after being assigned to work in an area overnight where a car wreck had disrupted service, he and several coworkers were robbed at gunpoint a little over a year into his career. He claimed that later, they had to remain in the same location for six or seven hours.

“I was really upset,” Eleby said. “I was disgusted. It was like we got sent into a battle with no proper gear or anything. It was just like no regard for how we felt.”

Recalling a shooting she saw while on the job, Jackson said, left her so shaken up that she drove in reverse.

When I returned to the shop, my supervisor only offered me a hot dog,” she said. “I am crying, bawling in tears, wanting to go home, and I was told, well, you’ll have to use your own [paid time off] to go home.”

Letitia Jackson, a former Peoples Gas employee, is among nearly a dozen former and current employees filing a federal lawsuit against the company over alleged safety and racial discrimination.

In a written statement, Peoples Gas said it utilizes private security and works with the Chicago police to support the safety of employees when deemed appropriate.

The lawsuit says discriminatory practices for Black employees affected overtime, promotions, and discipline.

“I just want to come to work and do my job,” said Towns, who has returned to Peoples Gas. “Do the best job that I could possibly do and just go home. I hate to have to be the person here to bring light to this particular situation, but it’s inevitable.”

Jason Towns, who’s one of those suing, said he thinks racism played a role in his termination in 2022. He was part of a crew that damaged an underground service line, but Towns said his white coworker was not disciplined.

It’s one of the reasons why Towns said he felt compelled to speak out after seeking other avenues of change with no results.

“I just want to come to work and do my job,” said Towns, who has returned to Peoples Gas. “Do the best job that I could possibly do and just go home. I hate to have to be the person here to bring light to this particular situation, but it’s inevitable.”

Based on reporting by Elvia Malagón.

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Over $3 Million Award in Racial Discrimination, Harassment & Retaliation Lawsuit

Sexual harassment, race discrimination and retaliation lawyers of Helmer Friedman LLP.

A Georgia woman has won more than a $3 million judgment in a racial discrimination, sexual and race harassment, and retaliation lawsuit Marshall v. Tidal Wave Response, LLC and its owner, John Myers.

According to Channel 2 Action News and the law firm Buckley Bala Wilson Mew LLP, Tiphony Marshall won the largest single-plaintiff verdict in the Northern District of Georgia’s history.

“The case involved evidence of virulent racial and sexual harassment of Ms. Marshall,” said the law firm in a press release. “Culminating in a violent incident that caused her to flee from the workplace.”

Marshall was an office manager for the water damage restoration company in the Atlanta suburb of Chamblee, Georgia, and claimed she was subjected to “abusive and misogynistic” treatment by her employer, including being forced to change his baby’s diapers, enduring comments about his penis and racial intimidation.

Marshall began working for the company in February of 2018 but resigned on Aug. 6, 2021, after being subjected to Myers’ harassment on “a near-daily basis,” which ended after a confrontation where he threw hot coffee at Marshall.

Myers forced her to watch his infant and change the child’s diapers, calling it a “task suited for a woman.” He also forced her to do the job of a terminated project manager, commented on his penis size, and mocked his interpretation of Black vernacular.

Myers forced her to watch his infant and change the child’s diapers, calling it a “task suited for a woman.”

“The case involved evidence of virulent racial and sexual harassment of Ms. Marshall,” said the law firm in a press release. “Culminating in a violent incident that caused her to flee from the workplace.”

Other reported harassment included Myers repeatedly questioning Marshall about her sex life and implying she was sleeping with a co-worker. Myers also asked Marshall if she thought a potential employee was “hot” and asked about her breast size. The complaint noted Myers’ making “sexually charged noises” and saying he was “sexually aroused” as well.

The court heard that Myers would also suggest that Marshall “get with” the men he interviewed, and he would often comment on her physical appearance and whether she was wearing form-fitting clothing.

The Tidal Wave owner also falsely told a room full of employees that Marshall had been raped and tried to pay her commissions with $100 bills that he’d rubbed on his crotch area. Myers also made comments about the size of his penis and would yell for Marshall from the bathroom to “come and help [ ] hold it” while he urinated.

The lawsuit also alleges Myers told Marshall and a group of Black and Hispanic employees that he was “better than” them. He also said they would never “get anything better” than their current jobs with Tidal.

The lawsuit also contends that he mocked his idea of Black vernacular, once saying to Marshall, “Do I call you Black? Do I call you African American? Do I say ‘yo, what’s up?’” Myers also “would skirt around the use of derogatory racial slurs” but stopped just before using the slurs. He also allegedly punched holes in his office walls and threatened violence against employees.

The lawsuit states that Marshall confronted her boss about the extra duties on Aug. 4, two days before she left her position with the company. The complaint says that Myers “became irate, shouted profanities, and threw a cup of hot coffee near her,” causing Marshall to “fear for her safety” and flee the office.

The jury deliberated for four hours before awarding Marshall back pay of $50,113.82. She was also awarded compensatory and punitive damages for race discrimination, racial harassment, sex discrimination, sexual harassment, and retaliation, with the total awarded being $3,470,393.82.

After the verdict, Marshall’s attorney Ed Buckley said Myers and his lawyers fled the courtroom before the proceedings had ended.

“This is the first time I’ve had the defendant and their lawyers flee the courtroom during a trial,” Buckley said in a statement. “The admissions and evidence were presumably so overwhelming that they did not want to face the jury.”

Read more by Niko Mann.

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Racial Discrimination, Hostile Work Environment – SFSD Clerks Awarded Over $1 Million in Lawsuit

Trust the attorneys of Helmer Friedman LLP to aggressively protect employee rights to a workplace free from discrimination, harassment and retaliation.

Two Black employees of the San Francisco Sheriff’s Department have sued the city, alleging racial discrimination, harassment, and retaliation while on the job. Danielle Dillard and Kim Lee work as clerks processing warrants for criminal suspects. They claim that they have been subjected to a workplace culture of discrimination, harassment, and retaliation.

It Broke Me Down

The conditions at work worsened for Dillard and Lee after they complained about alleged discriminatory acts by co-workers and superiors that had been happening for several years. Among several other claims, Dillard says a supervisor referred to her as a “monkey” in 2016 after she introduced herself as a clerk and shop steward with the Service Employees International Union (SEIU) 1021 union.

Ms. Dillard would spend her lunch and rest times crying due to the hostile atmosphere she found herself in, not being able to speak at all to colleagues.

Dillard claims she received racial discrimination complaints from other Sheriff’s Department employees as a union shop steward and brought them to Captain James Quanico, who oversees Dillard’s unit. A month later, Dillard claims she was served with a cease-and-desist order stating she could not communicate with employees in her division. Lee’s discrimination allegations also began in 2016.

On November 15, 2023, a jury awarded Danielle Dillard $523,400 and Kim Lee $616,000 for their racial discrimination lawsuit against the San Francisco Sheriff’s Department. The San Francisco Sheriff’s Department and the City Attorney’s Office released a joint statement claiming they oppose harassment and discriminatory behavior.

“As one of the most diverse sheriff’s departments in the nation that values equity and inclusion, any form of harassment or discriminatory behavior is antithetical to our values. We are surprised and disappointed by the outcome of this case and will be working with the City Attorney’s Office to evaluate any next steps.”