Two men sue, allege sexual harassment at FedEx Watsonville “All Mexicans are criminals,” and told Gonzales, who is from Jalisco, Mexico, “you know what they say about people from Jalisco ... they are jotos.” The word “joto” is a derogatory word in Spanish

Two men sue, allege sexual harassment at FedEx Watsonville “All Mexicans are criminals,” and told Gonzales, who is from Jalisco, Mexico, “you know what they say about people from Jalisco ... they are jotos.” The word “joto” is a derogatory word in Spanish for homosexuals.
http://www.santacruzsentinel.com/business/20160817/two-men-sue-allege-se...
By Jondi Gumz, Santa Cruz Sentinel
POSTED: 08/17/16, 5:13 PM PDT | UPDATED: 9 HRS AGO0 COMMENTS
Department of Fair EMPLOYMENT AND HOUSING

What: This state agency receives, investigates and prosecutes complaints of alleged violations of the Fair Employment and Housing Act, Unruh Civil Rights Act, Disabled Persons Act and Ralph Civil Rights Act 1. Last year, 51 complaints relating to employment and 16 relating to housing were filed by Santa Cruz County residents.

2015 complaints: 23,770.

Employment: 20,505.

Most frequent issue: Retaliation.

Housing: 1,365.

Right to sue requests: 11,768.

Investigated: 6,147.

Settled: 1,011.

Settlement recovery: $12 million.

Source: California Department of Fair Housing and Employment.

WATSONVILLE >> Two men who worked their way up to manager jobs at FedEx Ground’s Watsonville terminal have filed a lawsuit against the company, alleging they endured months of harassment on the basis of sex, race and national origin by two senior managers who created a hostile work environment.

Rodolfo Gonzales, who started as a baggage handler in 1999, advanced to inbound manager III, and Eric Rico, a service manager who started as a package handler in 2005, allege James Faris, senior manager at the Watsonville terminal, and James Taylor, sort manager, harassed them, according to the lawsuit filed by Winer McKenna & Burritt of Oakland.

Gonzales was fired a year ago, which he considers retaliation for his complaints.

In court filings, attorneys for Faris, Taylor and FedEx, deny every allegation.

Perry Colosimo, FedEx managing director for communications, said via email, “FedEx has responded to this complaint and has no further details to offer at this time.”

The case was transferred from Alameda Superior Court to Santa Cruz Superior Court in July 2015.

“We attempted a mediation a few weeks ago and that did not result in a settlement, so discovery will continue,” said Alexis McKenna of Winer McKenna & Burritt. “We have a case management conference with the judge (Wednesday).”

The lawsuit seeks damages but does not specify an amount.

“Mr. Gonzales’ wage loss is ongoing, and Mr. Rico continues to suffer retaliation at FedEx Ground, and so they both also continue to suffer ongoing emotional distress,” McKenna said. “It will be up to a jury to decide what that amount is worth, considering the indignities they have suffered. Mr. Gonzales has been looking for work but unable to find any.”

The two men, described in the lawsuit as “Mexican American,” filed a complaint with the state Department of Fair Employment and Housing on Dec. 1, 2014, alleging harassment, discrimination and retaliation by FedEx, and received a “right to sue” letter from the agency.

The lawsuit alleges Faris repeatedly called Rico and Gonzales offensive homophobic names such as “fag,” “homo” and queer.”

The lawsuit alleges Faris made offensive comments about Rico’s national origin, saying, “All Mexicans are criminals,” and told Gonzales, who is from Jalisco, Mexico, “you know what they say about people from Jalisco ... they are jotos.” The word “joto” is a derogatory word in Spanish for homosexuals.

The lawsuit alleges that Faris pinched and grabbed Gonzales’ cheek, waist and nipples.

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Gonzales reported Faris to his managers including Taylor and Edward Castro, which led to Taylor “in February or March 2014” telling Gonzales, “Why don’t you quit like a man,” according to the lawsuit.

Gonzales called the FedEx alert line, and met with Shari Ekonian, a field human resources advisor.

Rico spoke with Ektonian and afterward, got false write-ups from Taylor and a smaller raise, according to the complaint.

In July 2014, Gonzales learned Faris threatened to kill Rico, Gonzales and their families if he were terminated due to their complaints, according to the lawsuit.

Faris was fired the day after Gonzales called the alert line but Taylor’s retaliation did not end, according to the lawsuit.

After FedEx got notice from the state of the harassment complaints, FedEx told Gonzales to complete additional training after his return from a medical leave, according to the lawsuit. He refused to sign an acknowledgement of the complaints, saying the HR rep told him he didn’t have to.

Gonzales was suspended in April 2015 for poor performance, and fired on July 27, 2015, which he considers retaliation. According to the lawsuit, Taylor emailed employees saying the termination was due to excessive absences.

STATE DEPARTMENT OF FAIR EMPLOYMENT & HOUSING

What: This state agency receives, investigates and prosecutes complaints of alleged violations of the Fair Employment and Housing Act, Unruh Civil Rights Act, Disabled Persons Act and Ralph Civil Rights Act 1. Last year, 51 complaints relating to employment and 16 relating to housing were filed by Santa Cruz County residents.

2015 complaints: 23,770.

Employment: 20,505.

Most frequent issue: Retaliation.

Housing: 1,365.

Right to sue requests: 11,768.

Investigated: 6,147.

Settled: 1,011.

Settlement recovery: $12 million.