LA City Worker Wins $1.3M in Racial Discrimination Settlement

Case Background

LaSalle Lofton, Jr. began his employment with the City of Los Angeles Department of Public Works, Bureau of Sanitation in April 2008 at age 28. He started as a Wastewater Collection Worker I and earned a promotion to Wastewater Collection Worker II in October 2010. From October 2017 through February 2020, Lofton served as an Acting Supervisor at the West Los Angeles Division 471. In February 2020, he received a one-year Emergency Appointment as a City Supervisor, positioning him for a permanent supervisory role.

Lofton supervised at least ten employees who performed sewer maintenance and repair duties across the Bureau's 6,400 miles of sanitary sewers and storm drains. His responsibilities included assigning work, reviewing employee performance, operating specialized wastewater collection machinery, responding to service complaints, and preparing daily work reports. He held a valid California Class B driver's license with Air Brakes and Tanker endorsements.

The Bureau of Sanitation employed nearly 3,000 workers across 20 divisions and 25 work locations. The department handled wastewater collection and treatment, solid waste management, and watershed protection for the City of Los Angeles.

In February 2020, Caucasian Manager Elton Howerton transferred to the West Los Angeles Yard where Lofton worked. According to the complaint, workplace conditions deteriorated rapidly after Howerton's arrival. Lofton alleged that Howerton immediately criticized the facility and began targeting him with racial slurs and discriminatory comments.

The conflict escalated from an earlier incident in December 2019 involving Supervisor Peter German. Lofton claimed German arrived at the West Los Angeles Yard while heavily intoxicated and physically attacked him and another Black employee. After Lofton reported these incidents to management, he alleged the City failed to take appropriate corrective action and instead retaliated against him.

Lofton filed a complaint with the California Department of Fair Employment and Housing on September 23, 2020, and received his Right to Sue notice the same day. He filed his civil lawsuit in Los Angeles Superior Court on September 24, 2020.

Cause

LaSalle Lofton, Jr., a 39-year-old Black employee of the City of Los Angeles Bureau of Sanitation, filed a workplace discrimination lawsuit in September 2020. Lofton worked as a Wastewater Collection Worker II and served as an Acting Supervisor and Emergency-Appointed Supervisor. He alleged that two Caucasian supervisors subjected him to severe racial discrimination, harassment, and physical assault while he pursued a permanent supervisor position.

Injury

Lofton claimed he suffered severe emotional distress, mental anguish, and psychological harm requiring ongoing treatment. He also alleged career damage, including a demotion in July 2020 that reduced his pay, and interference with his promotional opportunities. The Plaintiff reported physical injuries from an alleged assault where a supervisor grabbed him by the throat with both hands.

Damages Sought

The Plaintiff sought economic damages for lost wages and career advancement opportunities, non-economic damages for emotional distress, punitive damages against the individual Defendants, statutory attorney's fees, and civil penalties under the Ralph Civil Rights Act.

Key Arguments and Proceedings

Legal Representation

Plaintiff: LaSalle Lofton, Jr.

·       Counsel for Plaintiff: David Peter Cwiklo

Defendant: City of Los Angeles | Elton Howerton | Peter German

·       Counsel for Defendants Howerton and German: Linda Miller Savitt | Philip L. Reznik | Casey T. Shim

Key Arguments or Remarks by Counsel

Plaintiff's counsel argued that Lofton experienced a hostile work environment orchestrated by Caucasian management to prevent his promotion. The complaint described the situation as a systematic effort to maintain racial hierarchy within the Bureau of Sanitation.

Defense counsel filed a general denial of all allegations and asserted multiple affirmative defenses, including failure to state facts sufficient to constitute a cause of action, failure to exhaust administrative remedies, and immunity for discretionary acts.

Claims

Race Discrimination Under FEHA

Lofton alleged that City Manager Elton Howerton used racial slurs repeatedly in February 2020. According to the complaint, Howerton used the word "nigger" at least 10 to 15 times in the workplace, often directed at Lofton or spoken in his presence. The Plaintiff claimed Howerton made derogatory comments about Black managers and stated that Black employees should not hold leadership positions.

Racial Harassment and Hostile Work Environment

The complaint detailed numerous incidents of alleged harassment. Howerton reportedly told Lofton that new black-colored appliances "probably won't work" because they were black, implying Black employees did not work. During a staff meeting, Howerton allegedly made inappropriate comments about Black men's preferences for women, humiliating Lofton in front of approximately 25 employees.

Physical Assault and Battery

On December 2, 2019, Supervisor Peter German allegedly arrived at Lofton's West Los Angeles Yard while intoxicated. According to the complaint, German threatened to kick Lofton's "black ass" while pointing to his clenched fist and a concealed knife in his pocket. German then allegedly grabbed Lofton by the throat with both hands and attempted to choke him. The same evening, German allegedly attacked another Black employee in a similar manner.

Ralph Civil Rights Act Violations

Lofton claimed the physical assaults constituted racially motivated hate crimes under California law. The complaint alleged that both supervisors targeted him because of his race and intended to intimidate him through violence.

Whistleblower Retaliation

After Lofton reported the December 2019 assault and the February-March 2020 harassment incidents, he alleged the City retaliated against him. The retaliation supposedly included his July 2020 demotion, excessive workplace monitoring, negative performance comments, and interference with his promotion prospects.

Intentional Infliction of Emotional Distress

The Plaintiff claimed the supervisors' conduct was so extreme and outrageous that it caused him severe psychological harm requiring mental health treatment.

Defense

Defendant Howerton denied all allegations through a general denial filed in March 2021. The defense raised 34 affirmative defenses.

The defense argued that Howerton's conduct did not create a hostile work environment that a reasonable employee would find offensive. Defense counsel maintained that no racial motivation existed behind any of Howerton's actions and that he had no intent to injure or offend Lofton.

Regarding the assault claims, the defense contended that Howerton did not threaten to touch Lofton in a harmful manner and that any alleged threat would not have caused a reasonable person to believe violence was imminent. The defense also argued that Lofton failed to exhaust administrative remedies required under FEHA before filing suit.

The defense asserted that workers' compensation provided the exclusive remedy for any workplace injuries and that public employee immunity applied to discretionary acts. Defense counsel also raised comparative fault, arguing that any damages should be reduced by Lofton's own contributory negligence.

Settlement

The parties reached a settlement agreement for $1,300,000. The case, filed in Los Angeles Superior Court as Case No. 20STCV36560 and assigned to Judge Rafael Ongkeko in Department 73, resolved before the scheduled May 2022 trial date.

The settlement concluded Lofton's eleven causes of action against the City of Los Angeles and the individual Defendants. These claims included race discrimination, racial harassment creating a hostile work environment, retaliation under FEHA, failure to prevent discrimination, assault and battery, violations of the Ralph Civil Rights Act, intentional infliction of emotional distress, and multiple whistleblower retaliation claims under California Labor Code sections.

The resolution allowed both parties to avoid the uncertainty and expense of a jury trial while providing compensation to the Plaintiff for his alleged injuries and damages.

Court documents are available upon request at jurimatic@exlitem.com