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Vol. 54 No. 2

Trial Magazine

Verdicts & Settlements: Employment Law

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Failure to Prevent Workplace Harassment

February 2018

Rickey Moland, an African-American man, worked as a production supervisor for McWane, Inc., Clow Corp., and Clow Valve Co. A subordinate of Moland regularly disobeyed his instructions, threatened to kill him, and used a racial slur toward him. Although the subordinate was later fired, Moland, 53, continued to experience hostility from his coworkers, who subjected him to various racial epithets.

Moland’s supervisor was aware of this behavior but did nothing to stop it. Additionally, after an investigation, Moland was reprimanded for failing to get along with his coworkers and subordinates, forced to take a leave of absence, and subsequently terminated from his job, at which he had earned $60,000 annually. He has since found other employment.

Moland sued McWane, Clow Corp., and Clow Valve, alleging the defendants failed to stop the racial discrimination and harassment and fired him for engaging in a protected activity.

The jury awarded more than $16.67 million.

Citation: Moland v. McWane, Inc., No. BC559796 (Cal. Super. Ct. Los Angeles Cnty. June 29, 2017).

Plaintiff counsel: Reza Mirroknian, Sherman Oaks, Calif.