Rene Cisneros vs. Cutting Edge Stone, Inc. et al

Case Background

On October 25, 2021, Plaintiff  Rene Cisneros filed a Workplace Discrimination lawsuit in the United States District Court, Georgia Northern (Case number: 1:21cv4418). Judge William M. Ray, II presided over the case.

Cause

Cutting Edge Stone, a small family-run business specializing in custom stone facades for residential construction, hired Rene Cisneros, a Hispanic manager with years of experience, in April 2019. Cisneros supervised about twelve stone cutters, most of whom were also Hispanic. He implemented strict time card policies, which created tension with employees, particularly Kevin Kennelly. After five months, Cisneros and Kennelly nearly had an altercation, leading to Cisneros’s proposed termination. Cisneros negotiated to keep his job, agreeing to a 20% pay cut and the condition that he would no longer supervise Kennelly. On January 16, 2020, another dispute occurred between Cisneros and Kennelly. The following day, the company fired Cisneros, citing poor treatment of employees and the creation of a toxic work environment.

Injuries

Cisneros experienced workplace discrimination, harassment, and eventual termination. He endured hostile remarks about his Hispanic heritage from both his superior and his subordinate. The company’s owner made discriminatory comments questioning the behavior and documentation status of Hispanic individuals. Kennelly allegedly used racial slurs, including “spic” and “greaser,” toward Cisneros. This hostile work environment culminated in Cisneros’s termination, causing him to suffer loss of employment and emotional distress.

Damages

Cisneros sought the following damages:

  • Lost wages due to his termination and the previous 20% pay reduction
  • Emotional damages for enduring discrimination and harassment
  • Punitive damages against Cutting Edge Stone

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Rene Cisneros
    • Counsel for Plaintiff: Matthew C. Billips| Benjamin Andrew Stark | Constance Cooper
  • Defendant(s):Cutting Edge Stone, Inc | Bruce Koop
    • Counsel for Defendants: Amy K. Woo Weber| James Johnson | Philip T. Poole

 

Claims

The plaintiffs brought several claims against the defendants in a Workplace Discrimination lawsuit:

National Origin Discrimination: Cisneros claimed discrimination based on his Hispanic heritage, citing the owner’s demeaning remarks and hostile attitude toward Hispanics.

National Origin Harassment: He alleged that Kennelly’s use of racial slurs and derogatory behavior created a hostile work environment, which the company failed to address.

Retaliation: Cisneros argued that his termination was in retaliation for his complaints about unfair treatment

Defense

The company argued that they terminated Cisneros because of his poor performance as a manager and his bullying behavior toward subordinates. They emphasized that his management style created a toxic work environment that negatively affected employee morale and workplace dynamics. Regarding the discrimination claims, the defense reframed the owner’s comments about Hispanics as innocent inquiries rather than expressions of bias or prejudice. The company maintained that these remarks did not indicate any discriminatory intent or racial animus.

The defense also contested the harassment allegations. Cutting Edge Stone denied knowledge of Kennelly’s alleged discriminatory behavior toward Cisneros and disputed the claim that racial slurs or derogatory comments had occurred in the workplace. They argued that they had never received any formal complaints about such behavior, which prevented them from addressing or investigating any harassment. The company asserted they could not be held responsible for harassment they were unaware of or unable to address.

In response to the retaliation claim, Cutting Edge Stone rejected the notion that Cisneros’s complaints were connected to his termination. They insisted the firing resulted solely from his inappropriate conduct as a supervisor. The defense pointed to documented conflicts and the previous incident, which had led to his pay reduction and removal from supervising Kennelly. The company stressed that the timeline of events showed the termination was a legitimate business decision based on performance issues, not retaliation for complaints.

Jury Verdict

On July 19, 2024, he jury initially struggled to reach a unanimous decision in Cisneros’s case against Cutting Edge Stone. After receiving instructions from the Court to continue deliberations, they ultimately returned a verdict in favor of Cisneros on all three counts: discrimination, harassment, and retaliation. The jury awarded identical damages for each count, though these awards were not duplicative. They determined that Cisneros suffered $55,668 in lost wages and $87,150 for mental anguish per count, resulting in total compensatory damages of $142,818. The jury also found punitive damages warranted.

Following the initial verdict, on July 22,2024, the Court conducted a separate mini-trial to address punitive damages. During this second phase, the jury heard additional evidence regarding the Defendant’s conduct and financial status. They subsequently awarded Cisneros $500,000 in punitive damages. When combined with the compensatory damages, the total verdict amounted to $642,818 in a Workplace Discrimination lawsuit.

Court Documents:

Available Upon Request