Probation prevails in racism suit

A black probation manager who claimed she was passed over for four promotions because of her race did not prove the cause was racial discrimination, according to a Superior Court judge who ruled in favor of the county department.

Rhonda Collins’ lack of promotion was more likely a personality conflict, said Judge Jonathan Karesh who presided over the court trial.

Karesh, who offered his sympathy to Collins, said he felt there had been racial remarks made in the department but, because they were uttered outside her presence, did not rise to the standard of a hostile work environment.

The ruling Wednesday came just shy of a week after the civil suit by Collins began.

Collins, who has worked for the department for more than 25 years and continues to be employed there, claimed in a December 2009 lawsuit that race was the sole factor behind not being chosen for four promotions while less qualified white candidates ascended the ranks.

The suit named the department along with retired chief probation officer Loren Buddress, retired assistant chief Stewart Peterson, retired deputy chief probation officer James Nordman, retired assistant chief Sheralyn Irving Freitas and Deputy Chief Probation Officer Michael Stauffer.

She alleged the individuals either discriminated against her directly or failed to prevent the discrimination which fostered a hostile work environment. The suit alleged each time she was passed over, less qualified non-black applicants were selected and she was given conflicting reasons why she was not.

But Karesh said he did not see sufficient proof of either a hostile environment or a failure to prevent it.

"In my view there is no evidence other than speculation that Mr. Stauffer was a racist or that his actions were racist,” Karesh said. He also found no evidence Collins’ job performance was negatively affected.

On Monday, Steve Rossi, the current interim assistant human resources manager who also oversees equal employment opportunity matters, testified about investigating a 1999 claim of discrimination by Collins which was found without merit. He also said Collins made mention in the years after about feeling discriminated, but never filed a formal claim.

Attorneys fees and costs will be decided in a separate hearing.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102