The 3 Plaintiff's allege 5 causes of action:
1) Harassment based on race in violation of FEHA,
2) Discrimination based on race in violation of FEHA,
3) Retaliation in violation of FEHA,
4) Failure to prevent in violation of FEHA,
5) Discrimination based on age in violation of FEHA
Direct link to 27 page complaint is: http://media.sacbee.com/smedia/2013/07/10/13/10/mdD9f.So.4.pdf
Direct link to this article at: http://tinyurl.com/lcr7wnm
Later, Gonzalez, Fabian and Garcia-Ayala were fired. All three claim that their terminations were racially motivated.
Workers Outraged at Target's 'Cultural Tips'
Courthouse News Service, By ELIZABETH WARMERDAM
Monday, July 08, 2013Last Update: 9:28 AM PT
WOODLAND, Calif. (CN) - Target's offensive "multi-cultural tips" for managers inform bosses that not all Hispanic employees eat tacos, dance to salsa or wear sombreros, former employees say in Superior Court.
Robert Gonzalez, Bulmaro Fabian and Pedro Garcia-Ayala sued Target Corp. in Yolo County Court.
They claim they suffered crude harassment, discrimination and retaliation at work, and that Target's tips for managers are offensive in themselves.
"Target provided its distribution warehouse managers a document titled, 'Organization Effectiveness, Employee and Labor Relations Multi-Cultural Tips,'" the complaint states. "This document instructs managers to note differences among Hispanic employees, and states the following:
"a. Food: not everyone eats tacos and burritos;
"b. Music: not everyone dances to salsa;
"c. Dress: not everyone wears a sombrero;
"d. Mexicans (lower education level, some may be undocumented);
"e. Cubans (Political refugees, legal status, higher education level); and
"f. They may say 'OK, OK' and pretend to understand, when they do not, just to save face."
The plaintiffs claim that nearly all the management positions were held by Caucasians, who regularly used racial slurs while addressing Hispanic employees, such as "Only a 'wetback' can work this hard," "You got to be Mexican to work like this," and "What the hell, I'm already sweating like a Mexican," the employees say in the complaint.
Gonzalez claims that he complained to human resources, and his supervisors retaliated for it.
He claims his manager, Terry McCafee, "began using more racial epithets when instructing Gonzalez on his work and would purposefully throw boxes on the ground and then order Gonzalez to pick them up in an attempt to humiliate Gonzalez amongst his colleagues."
McCafee is not a defendant. The only defendant is the corporation and Does 1-100.
All three employees say they were fired with racial animus; Gonzalez and Faiban, both 58, state that their age was also a factor.
They seek punitive damages for harassment, failure to prevent harassment, age and race discrimination and retaliation.
They are represented by Simerdip Khangura with the Law Offices of Ilija Cvetich in Sacramento.
Here is a Target attempt at damage control.
Subject: Your Inquiry to Target®
Date: 7/12/2013 3:56:20 P.M. EDT
Dear Target Guest,
It’s never Target's intent to offend our team members or guests and we apologize. The content of the document referenced is not representative of who Target is. We strive at all times to be a place where our team and guests feel welcome, valued and respected. This document, which was used during conversations at one distribution center, was never part of any formal or company-wide training.
Target is firmly committed to diversity and inclusivity in our workplace. We never tolerate or condone discrimination in any form, and have extensive policies and procedures in place to prevent discrimination.
Target Guest Relations www.target.com
The June 24, 27 page filing, is available at: http://media.sacbee.com/smedia/2013/07/10/13/10/mdD9f.So.4.pdf
14 pages are the original complaint and the remainder are 2 exhibits, the 2nd one contains the offensive document.