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'It's because I’m a Black man': SMUD lawsuit claims hiring discrimination, workplace retaliation

In its initial court filings, SMUD denied all allegations

'It's because I’m a Black man': SMUD lawsuit claims hiring discrimination, workplace retaliation

In its initial court filings, SMUD denied all allegations

RESPONSE FROM SMUD. FORTUNATE IT’S TRAUMATIZING COUNTLESS NIGHTS WHERE NO SLEEP. THERE’S ONLY SO MUCH YOU CAN TAKE FRUSTRATED AND FED UP FOR AFRICAN-AMERICAN EMPLOYEES HAVE SUED SMUD ACCUSING THE ORGANIZATION OF DISCRIMINATION ACCORDING TO THEIR SUIT. AMY AYERS WAS PASSED OVER FOR SUPERVISOR POSITION, EVEN THOUGH SHE WAS THE MOST QUALIFIED AND EXPERIENCE CANDIDATE IT HAS NOTHING TO DO WITH QUALIFICATIONS OR THE QUALITY OF WORK. IT’S STRICTLY BASED ON YOUR RACE ACCORDING TO THE LAWSUIT FOLLOWING THE SECOND ROUND OF INTERVIEWS. SHE WAS PASSED OVER AND THEY PROMOTED A WHITE MAN. THEY TOLD ME I WASN’T THE RIGHT FIT. WHAT DOES THAT MEAN? WHAT DIDN’T I FIT BECAUSE I HAD MORE THAN ENOUGH EXPERIENCE DWAYNE PUGH AND RODNEY JAMES BOTH SMUD PROCUREMENT SPECIALIST TOLD ME THEY BELIEVE THE REASON IT TOOK SO LONG FOR THEM TO GO FROM WHAT’S KNOWN AS A LIMITED TERM EMPLOYEE TO A FULL-TERM EMPLOYEE WAS ALSO BECAUSE OF THEIR RACE. I REALLY BELIEVE IT’S BECAUSE I’M A BLACK MAN. I’M QUALIFIED ALWAYS HAVE QUALIFIED THE FOURTH EMPLOYEE SUING SMUD SAYS SHE’S SO AFRAID OF RETALIATION. SHE DIDN’T WANT TO TALK ON CAMERA HER ATTORNEY MICHAEL JUSTICE SPOKE INSTEAD. YOU HAVE SOMEBODY A BLACK WOMAN COMPLAINING ABOUT A WHITE MALE INSUBORDINATE AND MANAGEMENT ISN’T GOING TO DO ANYTHING AND IF YOU HAVE THE AUDACITY EVEN TO CHALLENGE THAT THEN YOU’RE GOING TO GET DEMOTED AND IT’S INITIAL COURT FILINGS SMUD DENIED ALL ALLEGATIONS. THE CASE IS CONTINUING THROUGH THE COURT PROCESS. WE ASK MUD FOR A NUMBER OF THINGS FOR OUR STORY INCLUDING A SIT DOWN INTERVIEW WITH THE CEO CITING PENDING LITIGATION A SPOKESPERSON REFUSE TO ANSWER SOME OF OUR QUESTIONS, BUT DID RESPOND WITH THE STATEMENT THAT READS IN PART QUOTE SMUD VIGOROUSLY INVESTIGATES ALL CLAIMS OF DISCRIMINATION AND HARASSMENT INCLUDING CURRENT ALLEGATIONS THAT ARE PART OF PENDING LITIGATION SMUDGE INDEPENDENT EXTERNAL INVESTIGATOR FOUND THESE PLANES TO BE WITH WITHOUT MERIT. WE LOOK FORWARD TO DEFENDING AGAINST THESE ALLEGATIONS THE SPOKESPERSON ALSO SAID SMUD DOES NOT TOLERATE DISCRIMINATORY BEHAVIOR OF ANY KIND, BUT THE EMPLOYEES TOLD ME THEY HOPE THE COMPANY DOES MAKE CHANGES STARTING WITH THE HUMAN RESOURCES DEPARTMENT. NOT ONLY DOES IT NOT SUPPORT THE BLACK EMPLOYEES THAT WORK THERE. THEY ENABLE THOSE WHO ARE TREATING THOSE POORLY TO KEEP DOING WHAT THEY’RE DOING. THEY’RE ALSO, TRUE SHIFT BLACK EMPLOYEES AT SMUD KNOW HOW WE GET TREATED AND IT’S IT’S PREVALENT. WE KNOW IT’S THERE. THEY KNOW IT’S THERE. IT’S TIME TO DO SOMETHING ABOUT AND THEY WANT TO ENCOURAGE OTHERS NO MATTER WHERE THEY WORK TO SPEAK UP. AND FOR THOSE THAT ARE AFRAID FOR THOSE THAT ARE SIT AND WATCHING THIS NOW KNOWING THAT THEY HAVE TO DEAL WITH THE SAME THAT WE’RE DEALING WITH TOMORROW. WHEN THEY GET UP AND CLOCK IN THERE’S HOPE YOU DON’T HAVE TO BE SILENT ANYMORE. YOU DON’T HAVE TO BE AFRAID. I’M BRANDI CUMMINGS. KCRA3 NEWS THE ATTORNEY FOR THE EMPLOYEES THINKS THE CASE COULD GO TO TRIAL LATE NEXT YEAR OR EARLY 2024. YOU CAN FIND SMUD’S FULL NON-DISCRIMINATION ANTI-HARASSMENT A
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'It's because I’m a Black man': SMUD lawsuit claims hiring discrimination, workplace retaliation

In its initial court filings, SMUD denied all allegations

Four African American employees are suing one of Northern California’s largest energy companies, accusing the organization of discrimination and retaliation. The employees of the Sacramento Municipal Utility District, or SMUD, believe their race impacted their success within the company.| MORE | Read the lawsuit here"It's unfortunate. It's traumatizing. countless nights with no sleep," SMUD senior procurement specialist Amy Ayers told KCRA 3.According to their lawsuit, Ayers was passed over for a supervisor position even though she was the most qualified and experienced candidate. She claims the decision was "strictly based" on her race.According to the lawsuit, following the second round of interviews, she was passed over and they promoted a white man."They told me I wasn't the right fit," Ayers said. "What does that mean? What didn’t I fit? Because I had more than enough experience."Dwayne Pugh and Rodney James are both SMUD procurement specialists.They told KCRA 3 they believe the reason it took so long for them to go from what’s known as a limited-term employee to a full-term employee was also because of their race."I really believe it's because I’m a Black man," James said. "I’m qualified, always have been qualified."The fourth employee suing SMUD said she was so afraid of retaliation that she didn’t want to talk on camera. Her attorney Michael Justice spoke instead."You have somebody, a Black woman complaining about a white male insubordinate and management isn’t going to do anything. If you have the audacity to challenge that then you’re going to get demoted," he said.In its initial court filings, SMUD denied all allegations. The case is continuing through the court process.KCRA 3 asked SMUD for a number of things for our story, including a sit-down interview with the CEO.Citing pending litigation, a spokesperson refused to answer some questions but did provide the following statement: "SMUD values all employees and has a strong and visible commitment to supporting diversity, equity, inclusion and belonging within our workforce and throughout the communities that we serve across the Sacramento region. We do not tolerate discriminatory behavior of any kind. SMUD holds its employees to higher standards than what is required by law, and for many years has had clear and robust anti-discrimination and anti-harassment policies and an employee Code of Conduct. SMUD employees are required to complete anti-discrimination and harassment training and unconscious bias training, with additional requirements for supervisory staff.SMUD vigorously investigates all claims of discrimination and harassment, including current allegations that are part of pending litigation. SMUD’s independent external investigator found these claims to be without merit. While we cannot comment further due to the pending litigation, we look forward to defending against these allegations."| Read | SMUD’s full nondiscrimination, anti-harassment and non-retaliation policy hereThe employees say they're hoping the company makes changes, starting with the human resources department."Not only does it not support the Black employees that work there, they enable those who are treating us poorly to keep doing what they're doing," Pugh said.The group is also hoping for a culture shift."Black employees at SMUD know how we get treated and it's prevalent," Pugh said. "We know it's there; they know it's there; it's time to do something about it."And they are encouraging others, no matter where they work, to speak up."For those that are afraid, for those who are sitting and watching this now knowing that they have to deal with the same stuff that we’re dealing with tomorrow when they get up and clock in, there’s hope. You don’t have to be silent anymore. You don’t have to be afraid," Ayers said.

Four African American employees are suing one of Northern California’s largest energy companies, accusing the organization of discrimination and retaliation.

The employees of the Sacramento Municipal Utility District, or SMUD, believe their race impacted their success within the company.

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| MORE | Read the lawsuit here

"It's unfortunate. It's traumatizing. [There are] countless nights with no sleep," SMUD senior procurement specialist Amy Ayers told KCRA 3.

According to their lawsuit, Ayers was passed over for a supervisor position even though she was the most qualified and experienced candidate. She claims the decision was "strictly based" on her race.

According to the lawsuit, following the second round of interviews, she was passed over and they promoted a white man.

"They told me I wasn't the right fit," Ayers said. "What does that mean? What didn’t I fit? Because I had more than enough experience."

Dwayne Pugh and Rodney James are both SMUD procurement specialists.

They told KCRA 3 they believe the reason it took so long for them to go from what’s known as a limited-term employee to a full-term employee was also because of their race.

"I really believe it's because I’m a Black man," James said. "I’m qualified, always have been qualified."

The fourth employee suing SMUD said she was so afraid of retaliation that she didn’t want to talk on camera. Her attorney Michael Justice spoke instead.

"You have somebody, a Black woman complaining about a white male insubordinate and management isn’t going to do anything. If you have the audacity to challenge that then you’re going to get demoted," he said.

In its initial court filings, SMUD denied all allegations. The case is continuing through the court process.

KCRA 3 asked SMUD for a number of things for our story, including a sit-down interview with the CEO.

Citing pending litigation, a spokesperson refused to answer some questions but did provide the following statement:

"SMUD values all employees and has a strong and visible commitment to supporting diversity, equity, inclusion and belonging within our workforce and throughout the communities that we serve across the Sacramento region. We do not tolerate discriminatory behavior of any kind. SMUD holds its employees to higher standards than what is required by law, and for many years has had clear and robust anti-discrimination and anti-harassment policies and an employee Code of Conduct. SMUD employees are required to complete anti-discrimination and harassment training and unconscious bias training, with additional requirements for supervisory staff.
SMUD vigorously investigates all claims of discrimination and harassment, including current allegations that are part of pending litigation. SMUD’s independent external investigator found these claims to be without merit. While we cannot comment further due to the pending litigation, we look forward to defending against these allegations."

| Read | SMUD’s full nondiscrimination, anti-harassment and non-retaliation policy here

The employees say they're hoping the company makes changes, starting with the human resources department.

"Not only does it not support the Black employees that work there, they enable those who are treating us poorly to keep doing what they're doing," Pugh said.

The group is also hoping for a culture shift.

"Black employees at SMUD know how we get treated and it's prevalent," Pugh said. "We know it's there; they know it's there; it's time to do something about it."

And they are encouraging others, no matter where they work, to speak up.

"For those that are afraid, for those who are sitting and watching this now knowing that they have to deal with the same stuff that we’re dealing with tomorrow when they get up and clock in, there’s hope. You don’t have to be silent anymore. You don’t have to be afraid," Ayers said.