A judge has ruled that a 61-year-old Black longtime Los Angeles County sheriff’s lieutenant can proceed for now with his lawsuit against his employer, in which he alleges he has repeatedly been denied a promotion to captain because of his race.
However, during a Wednesday hearing Los Angeles Superior Court Judge Jon R. Takasugi also dismissed Lt. Michael A. White’s whistleblower retaliation claim and said the plaintiff’ age discrimination cause of action will need shoring up for it to remain part of the case.
“Plaintiff’s allegations are uncertain in that they make unclear what the magnitude of age difference was for any of the individuals who were promoted over plaintiff,” the judge wrote while also finding that the retaliation claim was untimely.
In his suit filed last Nov. 6, White says he was hired in 1987, promoted to sergeant in 2007 and to lieutenant four years later. But he also says he has been denied an elevation to captain eight times in the last 13 years.
“The racial and age glass ceiling that blocks the promotability of plaintiff and other African American deputies must be broken now,” the suit states. “Plaintiff isn’t getting any whiter and he isn’t getting any younger.”
While a candidate for captain in 2016, White was made an acting captain at the Lomita Station, but a non-Black candidate was given the open captain position, according to the suit, which further states that the plaintiff was similarly passed over for a captain promotion at three stations in 2019 and all of those slots also were given to competitors who are not Black.
“Unless promoted to the rank of captain, plaintiff has no way to progress to higher positions within the department,” the suit states.
Numerous other deputies sworn with less tenure than White have been promoted or appointed to captain, commander, chief, assistant sheriff and undersheriff, according to the complaint.