“The proof will present Cemex Company permitted its employees to harass my consumer due to his incapacity and race … and did nothing to guard him,” Pointer stated in his opening assertion. “You’ll hear proof proper right here on this witness stand that Mr. Pattern’s coworkers referred to as him the N-word, monkey, retarded and different despicable names.”
Pointer informed jurors that Pattern was born with a incapacity affecting one ear, leaving him exhausting to know at occasions, and that he walked with a limp. Regardless of that, Pointer stated, Pattern took large satisfaction in his work — a satisfaction that was eroded as harassment intensified.
“His mom requested what was happening,” Pointer stated. “You’ll be taught that he informed his mother that what was as soon as his dream job had became a nightmare.”
Pointer additionally informed jurors that Pattern filed his first lawsuit in January 2023 with out an lawyer — and that even after he did, Cemex’s human assets division by no means interviewed him or opened an investigation.
Cemex’s lawyer, Dorothy Liu, disputed the allegations in her personal opening assertion, arguing that the corporate’s full file tells a special story.
“At no time did Mr. Pattern or anybody on his behalf report racial slurs … getting used within the office,” Liu stated, including that there are 3 ways staff can formally report such conduct at Cemex and that Pattern used none to boost complaints of slurs or derogatory language. “We had no thought earlier than he filed this lawsuit.”
Liu walked jurors by way of a timeline she stated exhibits the battle on the heart of the case stemmed from office security disputes and character clashes — not racial or disability-based discrimination. She stated Cemex granted Pattern a number of leaves of absence that weren’t required to offer, and added that when coworkers raised issues, it was over issues of safety, not harassment.
