Attorney Rodney Diggs proves his client was retaliated against for previously winning a discrimination suit against Bassett School District
Losing a discrimination lawsuit six years ago to Dr. Michael Ross so incensed officials at Bassett Unified School District that they retaliated by ultimately terminating Ross, who had served for 25 years as the only African American male teacher in the system.
That’s the position Rodney Diggs, an attorney with the law Offices of Ivie McNeill Wyatt Purcell & Diggs, successfully argued in Los Angeles Superior Court, Department 19, on July 22. After a three weeks trial, the jury deliberated for two hours and then announced their verdict to Judge Stephanie Bowick.
“The jury awarded our client $25 million, which included back pay and emotional damages. The jury heard all of the evidence and they got it right. He was terminated for pretextual reasons,” declared Diggs, who also represented Ross in the previous lawsuit.
Relating the evolution of the case, the attorney said the events stemmed from a lawsuit that Ross won in 2016 proving that BUSD, located in La Puente, discriminated against and harassed the educator solely on the basis of his race. Diggs described a litany of indignities that Ross endured while employed by the district.
“They were words spray painted around the campus saying, ‘Nigger Ross got to go.’ He also received anonymous letters in his mailbox, which was accessible to others in the administration,” explained Diggs.
“The letters said things like, ‘See what happens now to niggers when they complain against the school district’ and, ‘You spineless son of a bitch’ and things like this. He constantly complained to the district, but nothing happened, so he filed the initial lawsuit.”
Ross settled that lawsuit while still employed with the district, only to face more harassment. In fact, 40 days after settling the first lawsuit, he was placed on administrative leave after officials claimed he falsified time records during the summer school session.
“We argued against this. They said that he left early on the last day of school without permission and left his 17-year-old students unattended. But, that wasn’t the case because Dr. Ross had obtained a substitute teacher for the class,” Diggs said.
As officials investigated the situation, Ross was endured a leave totaling seven months. Also during that period, the district made another claim that Ross failed to report that one of the school’s janitors was a sexual predator. Apparently, this employee was later arrested for molesting 10 girls at a middle school.
“Two years prior, a girl in Dr. Ross’ eight-grade class made a made a comment to him saying, ‘This janitor makes me uncomfortable.’ When the janitor was later arrested, they (school officials) tried to say that that comment that was to him should have rose to the level of a mandated reporter,” recalled Diggs. “But, we had experts who said that comment, in of itself without anything else, doesn’t rise to the level of a mandated reporter.”
Still, school officials added the extra claim resulting in Ross’ leave extending to two years and then he was terminated.
“Again, we’re saying he was terminated for these pretextual reasons. He was a 25-year teacher with the school district and had a good record. There were no issues, but now they found these. You took this opportunity to go ahead and use this to retaliate against him with some force,” stressed the attorney.
Fortunately, the jury, which contained no Black jurors, believed Diggs as he argued the second case, which ended with the significant verdict in his client’s favor. An unfortunate aspect is that racial discrimination is still being practiced against African Americans and people of color in the 21st century.
Many observers contend that Black people continue to battle against the same practices of 100 years ago and while Diggs agreed that situation still occurs, he also encouraged people of color to fight on against injustice.
“This sort of injustice should not occur with anyone’s employer ever. I think it’s important for the Black community [to know that] you have a Black male teacher who’s being represented by all Black attorneys, and there were no Blacks on a jury,” said Diggs.
“What was important is that they understood that this sort of injustice and retaliation shouldn’t occur as well, and it was evident by them awarding $25 million.”
Also, this case reinforced Diggs commitment to practicing the law and he insisted, “I’m going to continue to fight for justice, no matter who it’s for, no matter your race or creed or color, because it should be equality for all. I’m just happy and blessed to have represented Dr. Ross.”