A federal jury ruled in favor of the city of Richmond, California, and its supervisor, Hugo Mendoza, in a racial harassment lawsuit filed by a Black maintenance worker, David Batiste, who claimed he was repeatedly referred to by a racist nickname. After a five-day trial, jurors found Friday that Batiste did not present sufficient evidence that the city and Mendoza subjected him to a hostile work environment, violating federal and state laws.
California Racist Nickname Suit : Allegations of Racial Harassment
Batiste filed the suit in February 2022, accusing Richmond and Mendoza of violating Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA). Batiste, who began working for Richmond in 2007, claimed Mendoza and other employees regularly called him “Memin,” a reference to a Mexican comic book character known for its racist portrayal of Black individuals.
Initially, Batiste did not understand the nickname’s offensive nature until coworkers from another department pointed it out, leading him to research “Memin” online. After discovering the racist depiction, Batiste complained to a manager, but no action was taken, according to his lawsuit. He later filed a charge with the U.S. Equal Employment Opportunity Commission in 2015, which led to an investigation by Richmond that confirmed the nickname violated the city’s anti-harassment policy.
Defense Arguments and Jury Verdict
Mendoza and Richmond argued in court that the use of the nickname did not amount to harassment under the law’s severe or pervasive standard. Mendoza, who is Hispanic, claimed that “Memin” was used casually among the city’s abatement employees to refer to people of various races and that no one in the workplace viewed it as racially offensive. According to Mendoza, the nickname’s offensiveness came from the visual depiction of the comic character, not the term itself. Once Mendoza saw an image of the character, he expressed shock and stopped using the term.
