WALLACE V. BAE SYSTEMS SAN DIEGO SHIP REPAIR, INC., CASE NO. 37-2013-00073399-CU-WT-CTL
On October 29, 2013, the employment attorneys at Zeldes Haeggquist & Eck filed a retaliation and wrongful termination action against BAE. Plaintiff was one of the few African-Americans working at BAE’s shipyard. Plaintiff alleges that he was physically assaulted on the job due to his race, and then retaliated against and wrongfully terminated after complaining to BAE’s Human Resources and Ethics Departments about the assault and discrimination.
On November 3, 2014, San Diego Superior Court Judge Joel R. Wohlfeil denied Defendant BAE’s Motion for Summary Judgment or, in the Alternative, Summary Adjudication, as to the causes of action in Plaintiff’s Complaint based on race discrimination and retaliation. A copy of the Court’s October 31, 2014 tentative ruling, which the Court confirmed on November 3, 2014, can be found here. The Court held, among other things, that “the manner in which Plaintiff’s assault complaint was addressed and [Plaintiff’s] reassignment evidence the discrimination  that ultimately resulted in termination.” The Court ultimately concluded that “given the surrounding circumstances, it can be inferred that this retaliation would not have been forthcoming but for Plaintiff’s race.” The case is currently scheduled for trial on February 20, 2015.