Former SMUD employee sues company for retaliation, harassment: ‘Play ball or lose your job’
A former Sacramento Municipal Utility District (SMUD) employee is claiming discrimination, harassment and retaliation, the second lawsuit of its kind the utility has faced in recent years.
In a lawsuit filed on Sept. 5 in the Sacramento County Superior Court, Robert Adams claims the company, “…had actual and constructive notice of the wrongful conduct, discrimination, harassment and retaliation perpetrated upon plaintiff set forth below, had both the authority and the duty to prevent and correct the same, failed to take reasonable action to prevent and correct the same and, by its conduct, condoned, supported and ratified such wrongful conduct.”
You can read the full lawsuit here.
Based on the information in the filing, Adams began working at SMUD on March 16, 2020, as a procurement manager, in the utility's main office. He was one of four procurement managers who reported to the director of procurement.
In the lawsuit, Adams lays out claims that he was retaliated against for what he believed was the wrongful race discrimination of another SMUD employee who had been given medical accommodations.
Adams alleges that SMUD suppressed his complaints and was “slapping him down with write-ups and a Performance Improvement Plan to quell and chill his further complaints as well as his engagement in protected activity.”
After a meeting in April 2024 with SMUD’s third-party investigator, Adams’ lawsuit alleges he was given a Performance Improvement Plan (PIP) that “…contained language that Plaintiff would be subject to termination should he continue to fail to meet expectations.”
“It also contained language that he may not be eligible to receive bonuses. The import of the PIP was a threat to "play ball" on the Ayers lawsuit or lose your job,” the lawsuit says.
Adams claims facts were fabricated, and he was forced to sign a formal written warning without reading it.
The lawsuit asks for unspecific compensation for damages on a number of claims.
A statement from SMUD reads that the utility plans to "vigorously defend itself" against the allegations, saying that a third-party investigator found the claims to be unsubstantiated.
"Not only is this case without merit, but the lawsuit also has fundamental errors in fact," the statement read. "These include the plaintiff’s employment status, gender and the nature of performance management and disciplinary actions, which included failure to comply with SMUD policy."
Adams’ lawsuit was filed almost exactly two years after four African American employees filed a lawsuit against SMUD because they believed their race impacted their success within the company.
For our coverage two years ago, KCRA 3 asked SMUD for a number of things for our story, including a sit-down interview with the CEO.
That request was never granted.
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."
The trial involving the four African American SMUD employees is scheduled to begin on October 1, 2024.
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