City hit with $1.2 million discrimination verdict

April 29--A former city of Vancouver employee was awarded $1.2 million today from a federal jury, which determined he was subjected to discrimination, retaliation and a hostile work environment.

Rolando Hernandez worked for the city's Operations Center as a mechanic from 1995 to 1999, when he was promoted to work in the Fire Shop as an emergency equipment mechanic, according to court documents. The suit alleged that upon his arrival, he received the "cold shoulder" from other employees, was given more menial tasks than his peers and had his tools and at least one vehicle he worked on sabotaged.

Vancouver City Attorney Ted Gathe issued a statement following the verdict: "The city has a no-tolerance policy for discrimination, harassment, and retaliation in the workplace. A jury unanimously agreed with Mr. Hernandez that this work place, in the time frame of this lawsuit, did not meet that policy. We respect the outcome of this trial and appreciate the work of the jurors that devoted their time to this process."

Gathe said the city wishes Hernandez the best in his future endeavors.

"Like us, Mr. Hernandez is likely relieved to have this part of the process behind him. What future proceedings may occur in this case has not yet been determined."

Gathe said the city will consult with its insurance carrier before deciding whether to appeal, as the jury award will be covered by the city's insurance.

Hernandez's supervisor, Mark Tanninen, was also a defendant in the case.

While the jury in U.S. District Court in Tacoma found that Hernandez was subjected to a hostile work environment and was harassed because of his race, the jury did not agree that Tanninen conspired with then-Deputy Fire Chief Steven Streissguth to cover up the discrimination.

Tanninen no longer works for the city, but his departure was not related to the lawsuit, Gathe said.

The lawsuit was filed in 2004 and the city was granted summary judgment in 2006. Hernandez's attorney, Thomas Boothe of Portland, successfully appealed the dismissal to the Ninth Circuit Court of Appeals, which ordered it to trial. The first trial was declared a mistrial after Boothe was found in contempt of court for coaching witnesses; Boothe was later fined.

Gathe said another reason the case took so long to resolve was that it made a second trip to the Ninth Circuit Court of Appeals to settle pretrial issues.

The second trial began April 15.

Hernandez, according to court documents, was placed on leave in December 2004 after an altercation with an employee in a parking lot. Following administrative leave, he was demoted back to the Operations Department.

He left the city in 2007 to take a job in California.

Boothe did not immediately return a call seeking comment, and Hernandez could not be reached.

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