Thompson v. City of Monrovia, 186 Cal. App. 4th 860 (2010)

Officer Matthew Donald Thompson sued the Monrovia Police Department for harassment and a hostile work environment arising from offensive remarks and behavior that were allegedly directed at an African-American colleague. Thompson also alleged he suffered retaliation for having reported the racism. The trial court granted summary judgment to the police department, and the Court of Appeal affirmed, holding there was no material factual dispute as to whether the department had retaliated against him. Similarly, the court affirmed summary judgment of Thompson’s claim of harassment on the grounds that he had failed to produce evidence that “he was subjected to harassing comments or conduct because of his association with or advocacy on behalf of African Americans,” that the incidents about which Thompson had complained were neither severe nor pervasive enough to be actionable and because Thompson’s racial harassment claim was barred by the statute of limitations. Finally, the court held the claim involving the department’s alleged failure to investigate harassment and retaliation had to be dismissed because it was not the basis for a “stand-alone tort” and, in any event, there was uncontroverted evidence the department had conducted an appropriate investigation. See also Henderson v. Pacific Gas & Elec. Co., 187 Cal. App. 4th 215 (2010) (plaintiff’s counsel who failed to file timely opposition to summary judgment motion could not rely on Cal. Code Civ. Proc. § 473(b) for relief); Murray v. Alaska Airlines, Inc., 2010 WL 3292968 (Cal. S. Ct. 2010) (federal agency’s investigative findings concerning whistleblower complaint should be given collateral estoppel effect when a complainant elects not to invoke his right to challenge such findings but instead initiates a separate lawsuit).

 

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law…

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.