AGHW Employment Team Secures Defense Jury Verdict After One-Week Trial

On September 20, 2024, the employment team at AGHW received a defense jury verdict in a race harassment case filed in the United States District Court for the Northern District of California. In David Batiste v. City of Richmond, et al., case number 3:22-cv-01188-AMO, the plaintiff alleged that he experienced race-based harassment because his Latino coworkers referred to him by the nickname “Memín” from 2007 to 2015.

The evidence presented during trial revealed that during the relevant period, use of nicknames by the employees in the City’s Abatement Division was common. The plaintiff admitted that he also referred to coworkers by nicknames and participated in the joking that was common in the workplace. Further, the plaintiff admitted that before 2015, he did not know the nickname “Memín” could be racially offensive until he learned about an old comic book from 1960s Mexico entitled “Memín Pinguín.” Most of the coworkers who called the plaintiff “Memín,” including Mr. Mendoza, were similarly unaware of the comic book character. When the plaintiff reported that he was offended by the name, the City performed an immediate investigation and stopped the name’s use.

AGHW attorneys Peter Glaessner and Kellen Crowe represented Hugo Mendoza, the plaintiff’s former supervisor who was sued in his individual capacity. The City of Richmond was represented by Christine Maloney of Maloney Employment Law. The plaintiff’s attorneys were Paul Alaga from the Bryant Law Group and Conrad K. Wu.

After four days of testimony by multiple City employees, a jury found unanimously in favor of both defendants, declining to find there was unlawful race harassment by Mr. Mendoza or the other employees in the Abatement Division.

This communication may be considered advertising in some jurisdictions. It is intended to provide general information about legal developments and is not legal advice. If you have questions about the contents of this alert, please contact Peter Glaessner or Kellen Crowe.