East Bay Truck Driver Awarded $5 Million in Harassment Lawsuit

A jury has awarded $5 million to a former East Bay truck driver who alleged years of racist and hostile harassment while employed at Cemex, a construction materials company. The verdict was reached on March 31st in the U.S. District Court for the Northern District of California, with Judge William H. Orrick presiding over the case.

Details of the Allegations

Joseph Sample Jr., a disabled Black man, worked as a ready-mix truck driver for Cemex from 2017 to 2022. He testified that co-workers repeatedly subjected him to racial slurs, including the “n-word” and “monkey,” as well as offensive language related to his disabilities. His disabilities included one affecting his ear, occasionally making him difficult to understand, and a limp.

Company’s Alleged Failure to Act

Sample’s attorney, Adanté Pointer of Pointer & Buelna, argued that Cemex was aware of the abuse but failed to take adequate steps to protect him. “They had no right to abuse, taunt, mock and demean Mr. Sample. They had no right to call him such despicable names. And Cemex was wrong in acting as if it didn’t happen because they claimed to be unaware of it,” Pointer stated.

Witness Testimony and Termination

Both Sample and his former co-worker, Thomas Milano, a truck driver and shop steward, testified that they reported the harassment to the company. Milano stated that he was never interviewed by human resources regarding his report. Sample was ultimately fired after voicing his concerns, according to his attorneys.

Sample’s Statement

“My mom, who has passed away, told me to stand up for myself against these people and I could help change the culture of the company,” Sample said in a statement. “Despite the constant abuse, I always tried to be the best employee I could be.”

Cemex’s Response and Legal Commentary

Cemex spokesperson Randy Stuart released a statement saying the company “strongly” opposes workplace harassment and is “reviewing next steps in the proceedings.” Stuart also expressed disappointment with the trial’s outcome.

Employment attorney Chambord Benton-Hayes commented on the verdict, stating, “The jury saw the evidence and held Cemex accountable.” Benton-Hayes added, “This verdict confirms that no worker should be forced to endure years of racial and disability harassment just to keep a job.”