DFEH Settles Employment Discrimination Case Against Pasadena Rehabilitation Center

Based on its investigation, DFEH found cause to believe a violation of the Fair Employment and Housing Act had occurred. – Courtesy photo / Karen Neoh (CC BY 2.0)

Older Latina employee terminated by employer and replaced by younger white man to receive $75,000

The California Department of Fair Employment and Housing (DFEH) has reached a settlement in a national origin, age, and perceived disability discrimination case with Bishop Gooden Home, doing business as The Gooden Center, a Pasadena alcohol and drug rehabilitation center.

The complainant, a 64-year-old Latina woman, worked as a cook for Bishop Gooden Home. She filed a complaint with DFEH in May 2017 alleging that she was harassed and discriminated against because of her age, Latino national origin, and perceived disability. The complainant alleged that management made stereotypical and biased comments about Latinos not liking to prosper and being related immigrants; made ageist/ableist comments that she was going to fall, get hurt, and possibly sue the company; intimidated her by throwing things and physically assaulting her; subjected her to increased scrutiny, disrupted her work, and subjected her to unwarranted discipline; and terminated her employment in order to replace her with a younger white man. Around the same time, the respondent terminated the employment of three older Latina cooks and replaced them with employees under 40 years of age.

Based on its investigation, DFEH found cause to believe a violation of the Fair Employment and Housing Act had occurred. As part of a settlement agreement reached in mandatory mediation, the Bishop Gooden Home will pay the complainant $75,000.

“Comments based on stereotypes related to race, age, national origin, or disability are direct evidence that an employment decision was made for discriminatory reasons,” said DFEH Director Kevin Kish. “And while the law does not guarantee respectful workplaces, treating employees disrespectfully may constitute unlawful discrimination when other employees who do not share protected traits (for example, age, national origin, or disability) are treated respectfully.”

In addition to the monetary settlement, the Bishop Gooden Home will develop and distribute a written anti-discrimination policy; post DFEH posters regarding harassment and discrimination in the workplace; provide fair employment training for the respondent’s owners, managers, supervisors, and employees, for five years; and report to DFEH all internal and external complaints of discrimination made by employees, and the resolution of those complaints, for five years.