More than two years after a federal jury found that a black supervisor for a state agency had discriminated against a white employee, an appeals court has revived retaliation claims by three other workers who allege the supervisor took “adverse employment actions” against them for cooperating in the agency’s investigation.
During a 1997 probe, plaintiffs Dwight Hicks, Antonio Melendez and James Smith corroborated allegations that Office of Children and Family Services supervisor Tommy Baines, who is black, had used racial slurs, including “white boy” and “white cracker motherf—,” against Mark Pasternak. In August 2007, a jury awarded Mr. Pasternak $150,000.
