Melgoza

FACTS AND PROCEDURAL BACKGROUND

I. Facts1

Ramon Salazar (Salazar) is the sole proprietor of a small Mexican restaurant in Long Beach, California called “Cinco de Mayo.” In August 2013, he hired Maria Melgoza (plaintiff) as a cook. At that time, Salazar knew plaintiff was born in Mexico but did not ask plaintiff to verify her eligibility for employment. Several of the restaurant’s other employees were also born in Mexico. During her employment, plaintiff repeatedly asked for raises and suggested that she share in the tips earned by the waitresses. Each time, Salazar declined plaintiff’s requests, telling her that “the waitresses were young and pretty,” while she was “invisible,” “used” and “old.” After Salazar was “fined” in a lawsuit brought by a different employee for failing to maintain

Consistent with the substantial evidence standard of review we apply, the facts are recounted in the light most favorable to the verdict.

2 proper employment records, Salazar asked all of the restaurant’s employees to produce a social security card. Every employee except plaintiff produced a card, although Salazar did nothing to verify the authenticity of those cards. Plaintiff did…