Ozelia Harris vs. Pomona Unified School District, et al.

Case Background

On November 03, 2020, Ozelia Harris filed an employment lawsuit alleging harassment and violation of FEHA against Pomona Unified School District. The case was filed before the California Superior Court, Los Angeles County. Judges Theresa M. Traber, Randolph M. Hammock, and Joel L. Lofton presided over this case. [Case number: 20STCV42104]

Cause

Plaintiff Ozelia Harris (“Mrs. Harris”) worked as an elementary school teacher for the Pomona Unified School District (“PUSD”) for over twenty years. During her time at PUSD, she consistently excelled in her duties and received numerous positive evaluations.

In August 2016, Norwood became the principal at Mrs. Harris’s school. From August 2016 to August 2020, Mrs. Harris did not receive any written warnings from Norwood. In January 2020, she took medical leave and returned to work in March 2020 without restrictions.

On August 11, 2020, PUSD began the 2020-2021 school year with distance learning due to COVID-19. On August 19, PUSD held a Zoom meeting to discuss this new program, but Mrs. Harris did not receive a link to attend. At 8:04 a.m. that day, she emailed Norwood requesting access to the meeting. Although Norwood responded at 8:49 a.m., she did not provide the meeting link, leaving Mrs. Harris unable to attend.

Mrs. Harris felt that Norwood was treating her unfairly by excluding her from meetings and training sessions due to her medical leave request and perceived disability. On August 25, Mrs. Harris filed a complaint against Norwood with PUSD, engaging in a protected activity under California law.

On August 28, Mrs. Harris attempted to attend a Zoom meeting with Norwood, but Norwood refused to continue because Mrs. Harris’s video was off. Subsequently, Norwood accessed Mrs. Harris’s Zoom kindergarten class several times, taking notes while observing her.

On October 6, Norwood issued Mrs. Harris her first written warning, citing that she had not muted students during her class. Since taking medical leave and filing her complaint, Mrs. Harris faced hostile treatment from Norwood, resulting in increased scrutiny and harassment.

She qualified as a protected individual under the California Fair Employment and Housing Act (“FEHA”) due to her medical leave request and perceived disability. This conduct constituted adverse employment action, negatively impacting her job performance and career opportunities.

Damages

Mrs. Harris requested a mandatory injunction to require PUSD to remove the October 6, 2020, written warning from Mrs. Harris’s personnel file. Second, a mandatory injunction for Defendants to stop retaliating against and harassing Mrs. Harris.

She sought general, special, and compensatory damages. She requested nominal damages and asked for prejudgment interest. Ms. Harris also sought attorney’s fees and costs. She requested any additional relief the court considered just and appropriate.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Ozelia Harris
    • Counsel for Plaintiff(s): Monique Harris
  • Defendant(s): Pomona Unified School District | Rebecca Norwood | Does 1-10
    • Counsel for Defendant(s): Dana John McCune | Dominic A. Quiller

Claims

The first cause of action was retaliation in violation of FEHA against all Defendants. Mrs. Harris asserted that Norwood retaliated against her for requesting and using leave under the FMLA and for filing a complaint with PUSD on August 25, 2020. PUSD had a responsibility to prevent Norwood from retaliating against her, but it failed in this duty by allowing such actions.

The second cause of action was cited as harassment against all Defendants. Mrs. Harris claimed that Norwood harassed her through the actions described previously, and PUSD permitted this behavior. By allowing such conduct, the Defendants created a hostile environment for Mrs. Harris. Consequently, she suffered harm, including mental anguish and emotional distress.

Defense

The Defendants denied all allegations made against them. They argued that Mrs. Harris’s causes of action fell outside the scope of the charge she filed with the California Department of Fair Employment and Housing.

Mrs. Harris did not engage in any FEHA-related protected activities, which meant her retaliation claim could not succeed legally. Additionally, she failed to exhaust her administrative remedies by not adhering to the procedural requirements of the California Fair Employment and Housing Act. The Defendants maintained that Mrs. Harris did not suffer any adverse employment action, asserting that a letter of reprimand did not constitute such action under the law.

Jury Verdict

On May 30, 2024, after deliberation, the jury delivered its verdict in favor of the Defendants, Pomona Unified School District and Rebecca Norwood. The jury found that Mrs Harris had not been subjected to harassment or retaliation. On August 08, 2024, Honorable Judge Theresa M. Traber entered a judgment consistent with the verdict.

Court Documents:

Available upon request