Adam Acosta v. District Council 36 of the American Federation of State, County and Municipal Employees, AFL-CIO

I. INTRODUCTION

On August 8, 2019, Adam Acosta (“Plaintiff”) filed a Complaint in Los Angeles Superior Court against District Council 36 of the American Federation of State, County, and Municipal Employees (“DC36”), Andreas Jung (“Jung”), and Rodney Fowler (“Fowler”) (collectively, “Defendants”). Plaintiff alleges the following against DC36 only: (1) discrimination on the basis of race, color, national origin and ancestry (Cal. Gov. Code § 12940(a)); (2) failure to remedy and prevent discrimination and harassment (Cal. Gov. Code § 12940(k)); (3) prohibition of retaliation (Cal. Gov. Code § 12940(h)); (4) wrongful termination in violation of public policy; and (5) breach of contract. Against all Defendants, Plaintiff alleges: (6) prohibition of harassment in employment on the basis of race, color, national origin and ancestry (Cal. Gov. Code § 12940(j)); and (7) violation of the Bane Civil Rights Act (Cal. Civ. Code § 52.1). Lastly, against Jung and Fowler, Plaintiff alleges conspiracy to interfere with civil rights (42 § 1985(3)). On September 12, 2019, Defendants removed the action to federal court based on federal question. Subsequently, Plaintiff filed a First Amended…