MLG Nets $75K for Race, Disability Discrimination and Harassment Victim

LOS ANGELES - Oct. 20, 2014 - PRLog -- The Mesriani Law Group (MLG), a leading Los Angeles employment and labor law firm, was once again successful in pursuing the interests of its clientele after securing a $75,000.00 settlement on behalf of an African-American employee who was a victim of discrimination and harassment on the basis of her race and disability.

Case files have revealed that client-employee began her employment with a child care services agency as an account payable specialist in early September 2007. She performed well on her job as evidenced by her performance evaluations. However, during her tenure, she was subjected to discrimination, harassment, and retaliation because of her race and disability by one of her bosses, the chief financial officer (CFO).

From March to June 2008, client-employee was asked to cover two desks because one of her co-workers separated her employment with the company. Earlier on, she advised her boss that she was suffering from back pain due to her uncomfortable chair. As such, she requested a new chair with proper ergonomic support. However, the CFO had denied her request, telling her that a new chair is not a necessity. Because of this, she continued to experience severe back pain, causing her to regularly visit her doctor for treatment.

Near the end of July 2010, client-employee suffered tremendous back pain after falling at work while entering the front door of the building. As a result, she sought treatment from her doctor, who scheduled her for a medical leave from February to May 2011 so that she could undergo a serious neurosurgical procedure on her spine. She immediately informed the company about the doctor’s order.

Sometime during the fall of 2010, the child care services agency announced that employees with a satisfactory work evaluation would be receiving a 2% increase in their salaries on the anniversary of their hiring date. Client-employee’s anniversary date was on October 29, and she received an “exceeded expectation” remark on her prior evaluation. Despite this, she never received the promised salary increase on that date.

As such, on November 23, 2010, she e-mailed one of her supervisors to request an updated evaluation. However, the latter responded that even her evaluation was over a year late. Client-employee continued to ask her for an updated evaluation, only to be told that the CFO won’t sign it. Subsequently, she was ordered to ask the new controller to sign her evaluation. However, the controller was uncomfortable signing her evaluation, suggesting that she should approach the CFO to have it signed. She went back to her supervisor, but even she was afraid to talk to the boss.

Then, client-employee attempted to speak with the CFO about it at the latter’s office. But then, the latter warned her that she was disturbing her work. Surprisingly, the CFO slammed her office door on her face upon stating that “no one around the office is capable of doing a damn thing.”

Subsequently, the CFO began to further discriminate, harass, and retaliate against client-employee. In fact, in December 2010, as she approached the CFO to discuss a work-related matter, the latter abruptly told her that she should work for her as her maid. Shocked and insulted with the random derogatory comment, she picked up her paperwork, told her boss that she’s not a maid and stormed out of the office. The discrimination and harassment continued on up until February 2011, the start of her scheduled medical leave to undergo rhizotomy.

Upon her return in May 2010, client-employee was still singled out. Despite the medical restrictions ordered by her doctor, the CFO ignored them, expecting her to complete her work in the same fashion prior to taking her leave. To make matters worse, she was ordered to clock out early and continue her duties for several hours without pay on numerous occasions. She reported the unlawful practice to one of the company superiors. Despite telling her that the human resources department was aware of the problem and an investigation would take place, nothing was done to address her complaint.

In July 2011, one of client-employee’s male co-workers was promoted to a new position in another department. She then asked one of her supervisors if the company could hire a replacement for her co-worker’s former position, in order to prevent her from working both positions. She even requested that someone come in and train the replacement before he left. However, the CFO advised one of the supervisors that he would not be replaced, and that client-employee had to cover both positions. As instructed, she worked both positions up to September of that year. It was evident that her doubled duties were a direct violation of her medical restrictions, resulting in her experiencing further physical and emotional distress, delaying her recovery from her back issues.

Then, on November 2, 2011, client-employee committed an error that could have caused her termination. She was so stressed about it that she began to feel dizzy and sick. She was then placed on a stress leave, and has not been able to return to work. She was then forced to file a worker’s compensation claim so she could obtain medical treatment on November 2011.

A month later, client-employee was hospitalized, having suffered symptoms of a heart attack as a result of the stress and anxiety that she suffered at work. On February 2, 2012, the company cancelled her medical insurance and then forced her to file a worker’s compensation claim because she doesn’t have coverage for her back injury and for her psychological health.

Based on the aforementioned facts, it was evident that she was discriminated, harassment, and retaliated against because of her race. Not only that, she was singled out because of her back condition, with the company failing to provide her with reasonable accommodations. Months later, she filed complaints with the California Department of Fair Employment and Housing (DFEH). She received her right-to-sue notice immediately, and then sought the legal assistance of MLG’s expert labor and employment lawyers.

Thanks to the topnotch representation of the Los Angeles attorneys of MLG, they were able to successfully recover on her behalf a reasonable settlement amount of $75,000.00. This covered the damages she incurred during her ordeal, from back pay, lost wages and future income, to emotional distress, among others.

Indeed, Mesriani Law Group’s unmatched dedication and expertise were evident in this settlement victory. This adds up to the portfolio of cases that the law firm has successfully handled in more than 15 years of its legal practice in the State of California.

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