Smith Patten to Represent San Francisco Human Resources Managers in Lawsuit Against City for Discriminatory Hiring and Promotional Practices

SAN FRANCISCO, Sept. 16, 2014 /PRNewswire/ -- Two current and one former Human Resources Managers of the City and County of San Francisco (CCSF) have filed a federal lawsuit today in the Northern District of California, alleging systematic hand-picking of non-minority candidates in hiring and promotions at various CCSF departments contrary to Civil Service rules.

Plaintiffs Mercedes Hernandez-Monroy and Ana Borja-Valdes were long-time employees of CCSF's Department of Human Resources (DHR) and women of color who oversaw Civil Service testing administration to ensure that racial and age preference did not permeate employment decisions. Hired in 2006, Plaintiff Lillie Ellison was a successful DHR Recruitment Manager whose national recruiting plan increased the number of San Francisco Police Academy candidates by roughly 48%.  

With over 62 years of combined service, Plaintiffs allege that unlawful discrimination has been rampant throughout CCSF, which has over 46 departments and more than 29,000 employees.

They allege that since about 2010, CCSF, through the DHR, implemented a practice to strip human resources officials of authority to oversee recruitment and testing. CCSF thus prevented Plaintiffs and other qualified minorities from promoting into upper management positions, which were awarded to less qualified, younger, and non-minority candidates. "In the 1980s, Latino groups successfully sued CCSF for discrimination. Three decades later, we are revisiting the same glass ceiling and discrimination against minorities," said Hernandez-Monroy. 

Since 2010, Ellison was laid off and had to accept a lesser-paying job in another CCSF department. Borja-Valdes has been unable to promote despite her excellent track record. Hernandez-Monroy alleges that DHR violated their confidential settlement agreement and has since blacklisted her. "It is shocking that the highest ranks at DHR have made a mockery of CCSF hiring rules," said Ellison.

Attorney Spencer F. Smith stated, "My clients participated in the decisionmaking process for many CCSF positions and witnessed hand-picking based upon impermissive grounds and unfair testing procedures that displaced qualified minorities." Attorney Dow W. Patten added, "They attempted to resolve this matter informally, only to have their efforts mocked by DHR Director Micki Callahan." In June 2014, Callahan responded to Borja-Valdes's appeal based on testing bias by writing "'While some Hispanics did well, apparently it was the wrong ones.'" Patten stated, "At this point, my clients feel that enough is enough and have decided to move forward with the instant action."

"Disregard of laws designed to provide equal treatment and fair employment opportunities to all, and the arrogance displayed by high-level DHR executives, have adversely affected the ability of well-qualified minorities to advance," added Borja-Valdes.

Smith Patten is a preeminent plaintiff-side employment litigation firm in San Francisco that specializes in successfully resolving employment discrimination and retaliation cases.

SOURCE Smith Patten