While Loyola Marymount University seeks dismissal of a discrimination lawsuit by a Black former student and resident assistant who says her supervisor made racially inappropriate comments, the plaintiff is hoping to add a claim for punitive damages to her case.
Plaintiff Jonnae Serrano contends in her Los Angeles Superior Court lawsuit that her supervisor used such terms as “you people,” “your people” and “folks like you” and that when she complained to the school administration she was told to get therapy.
On Thursday, Serrano’s attorneys filed court papers with Judge Virginia Keeny in advance of an Oct. 9 hearing asking that she be allowed to file an amended complaint asking for punitive damages against the school.
“LMU’s mishandling of Ms. Serrano’s complaint and failure to protect her from ongoing harassment, retaliation and emotional harm makes (the university) liable for punitive damages,” Serrano’s lawyers state in their court papers.
LMU first delayed resolving the issues by referring Serrano’s complaint to the Equal Employment Opportunity officer, as required under university policy, for more than a month after her initial report, Serrano’s attorneys’ court papers state.
The school also allegedly tried to address the alleged racial harassment through a memoradum of understanding in circumvention of university policy and delayed issuing findings for months, thus failing to take prompt and aggressive action despite the “enormous consequences” to Serrano, according to the plaintiff’s attorneys’ court papers.
In addition, LMU allowed Serrano’s alleged harasser to continue supervising the plaintiff after he was informed of her complaint against him, after LMU was on notice that her boss had retaliated against her for complaining and even after she experienced psychological harm from the ongoing mistreatment that forced her hospitalization, according to Serrano’s lawyers.
But according to LMU’s prior court papers, there are no triable issues in Serrano’s case.
“Loyola Marymount University timely investigated and resolved complaints brought by plaintiff Jonnae Serrano against her supervisor,” university lawyers state. “Now, long after she has completed her studies at LMU, plaintiff attempts to mutate her past complaints into broadly sweeping whistleblower and discrimination claims based on unsupported allegations that LMU failed to prevent and resolve such complaints.”
During Serrano’s deposition, when asked under oath to identify the factual basis for many of her claims, she was repeatedly unable to do so, according to the Loyola attorneys’ court papers.
According to her lawsuit, Serrano enrolled at LMU in 2021. She worked as a resident assistant at LMU’s Palm South Residences and alleges her supervisor made offensive statements to her that included, “you people,” “your people,” “folks like you,” “black folks” and “Black Friday” while also referring to himself as an “old white man.”
Serrano, 25, also contends that after a key became tangled in her hair, the supervisor stated that Black people’s curls were “meant to hold keys and secrets.” The boss then poked fun at the cleanliness of her room and told the plaintiff, “as a Black woman you may think you have to go above and beyond, but you don’t have to,” Serrano alleges.
Serrano also says LMU administrators repeatedly advised her to seek therapy or other resources for managing interpersonal relationships.
Trial of her case is scheduled for Nov. 30.