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$345,000 Awarded To Gay California Prison Guard For Sexual Orientation Harassment And Discrimination

$345,000 Awarded To Gay California Prison Guard For Sexual Orientation
Harassment And Discrimination


A gay California prison guard sued the California Department of
Corrections (CDC) for on-the-job sexual orientation discrimination and
harassment he had suffered at CDC's training academy and later on the job
at Chuckawalla Valley State Prison (CVSP). A Los Angeles County Superior
Court jury awarded him personal injury damages of $110,000 for sexual
orientation harassment, $150,000 for sexual orientation discrimination and
$85,000 lost wages for sexual orientation discrimination.

Johnny Chaney entered CDC's guard training academy in July, 2001. Upon
graduating, he was a probationary guard stationed at CVSP. But until he
was dismissed for failing probation in June, 2002, he continuously
suffered sexual orientation harassment and discrimination from fellow
guards and staff. At the academy, he was chided for wearing lotion and an
anklet. He was taunted as being a "good cross dresser" or a "good drag
queen." Verbal altercations led to his being pushed around, and out of the
main dorm and into a smaller, three-person dorm. At CVSP, co-workers made
offensive comments to him, but he did not complain about them until the
day he was rejected on probation for violating CDC polices (A WOL, shift-
swap limits, and discourtesy to a supervisor). Chaney called the rejection
excessive reaction, and complained that a substantial factor was his
sexual orientation. Chaney sued CDC.

The court granted CDC summary judgment as to unlawful retaliation, but the
sexual orientation harassment and discrimination causes of action were
taken to trial. CDC defended saying it had taken prompt corrective action
at the academy and had no knowledge of continuing problems at CVSP. The
jury plainly disagreed. Chaney was represented by Los Angeles attorney
Michael G. Portner. See: Chaney v. California, Los Angeles County Superior
Court, Case No. RIC390009 (October 20, 2004 verdict).

Source: VerdictSearch California Reporter.

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Related legal case

Chaney v. California