Employee Receives More Than $800,000 in Racial Discrimination Lawsuit


. By Heidi Turner

Washington State employment laws are designed to protect employees from unfair treatment at the hands of their employers. Although many employees are treated fairly by their employers, there are still some employers who violate Washington employee rights. In such cases, employees often turn to the courts to uphold Washington state employee rights.

One such lawsuit recently resulted in an $812,000 settlement for the plaintiff.

Mattie Bailey had worked for Seattle City Light since 1981. She was a manager and ran the City Lights communication division. However, according to The Seattle Times (November 5, 2009), when a new manager was brought in, he gave Bailey's duties to white employees. Bailey, who is African American, was then given clerical duties. She retired from her job in 2008.

Bailey decided to fight back by filing a lawsuit against the city. Her lawsuit alleged that she suffered racial discrimination and that she was underpaid for her work compared with white employees who performed similar work. According to her lawsuit, Bailey fought for nine years to receive pay equal to what white employees with similar qualifications and duties received.

Furthermore, Bailey alleged that she endured discriminatory comments from her superiors at work, including being called, "Superfly" and being told by a supervisor that he had respect for Thomas Jefferson because of his "fatherly relationship with his slaves."

In 2007, a jury agreed with Bailey that she was discriminated against because of her race and also found that she was underpaid for her job. That jury awarded Bailey $503,000 for racial discrimination and harassment. However, the city appealed that verdict. The courts upheld the harassment verdict but threw out the award for damages, finding that the statute of limitations regarding being underpaid had expired.

That was based on a US Supreme Court decision that determined that the statute of limitations on being underpaid begins when the first paycheck is issued, not when the employee learns that he or she is underpaid. According to The Seattle Times, Bailey said she had been underpaid since the mid-1990s.

Bailey's lawsuit was sent back to court to determine damages, but the over $800,000 settlement was announced before the trial began.

Initially, Bailey was joined in the lawsuit by Phi Trinh, a Vietnamese-American who said he was discriminated against because of his race. Trinh, who worked as a hydroelectric-power supervisor, alleged he was given menial tasks whereas white employees were given meaningful work and support staff. Trinh also alleged that a posting he applied for was given to a white employee who was less qualified for the job.

In 2007, the jury awarded Trinh $947,000, which the city paid.

Another employee, Juan Rodriguez, was also included in the initial lawsuit. Rodriguez, a cable splicer, settled his portion of the lawsuit for $125,000.


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