Paymah

BACKGROUND

1. Allegations of the operative complaint Plaintiff, who was born in Liberia, was employed in various positions by the District from February of 1993 until December of 2012, when he alleges he was constructively discharged through, inter alia, retaliation and discrimination. The operative third amended complaint (TAC) asserts a “retaliation” cause of action and alleges numerous instances of retaliation against plaintiff for filing internal grievances or complaints with the Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission alleging discrimination against him on the basis of race, color, religion, and national origin. These alleged incidents of retaliation include placing plaintiff on administrative leave in 2003; conspiring to prevent plaintiff from obtaining a position of associate vice president in 2003; constructively demoting him in 2007; interviewing, hiring, and failing to terminate an external Caucasian candidate for a provisional college fiscal (or financial) administrator (CFA)1 position in 2009; denying plaintiff’s request for a transfer to “B-shift” in 2010 or 2012;2 a transfer from bookstore manager and…