SAN FRANCISCO — A federal jury has awarded $5 million to a disabled truck driver who endured years of racial discrimination and disability harassment while working for Cemex, according to attorneys with Lawyers for the People.
The case began March 23 before Judge William H. Orrick in the U.S. District Court for the Northern District of California. On March 31, a nine-member federal jury reached a unanimous decision, finding that Joseph Sample, Jr., faced a hostile work environment and discrimination based on both race and disability, awarding him $5 million.
According to Pointer and Buelna, Lawyers for the People, Joseph Sample, Jr., was employed by Cemex, a multinational company specializing in concrete and building materials, from 2017 to 2022. Sample was born with a hearing disability and walked with a limp. While employed by Cemex as a ready-mix concrete truck driver, Sample was found to have faced a range of discrimination and harassment. In 2022, after repeatedly reporting the harassment to Cemex management, Sample was terminated in what his attorneys argued was retaliation for his complaints.
When interviewed by Pointer and Buelna, Sample explained, “My mom, who has passed away, told me to stand up for myself against these people and I could help change the culture of the company,” Sample said. “Despite the constant abuse, I always tried to be the best employee I could be.”
In an interview, Sample’s civil rights attorney Adanté Pointer said, “They had no right to abuse, taunt, mock and demean Mr. Sample. They had no right to call him such despicable names. And Cemex was wrong in acting as if it didn’t happen because they claimed to be unaware of it.”
Based on reports from Pointer and Buelna, during trial, former Cemex driver and shop steward Thomas Milano testified to witnessing these events, stating that he often heard coworkers refer to him as “retarded.” Pointer presented additional evidence that Sample had been subject to discriminatory language such as the N-word, “monkey,” “retarded” and more while employed by Cemex.
Pointer then explained that despite Sample’s efforts to report and raise concerns regarding the harassment, Cemex failed to address the problem, allowing Sample’s coworkers to continue to discriminate against him.
Employment attorney Chambord Benton-Hayes said the verdict sends a clear message that no worker should have to endure years of racial and disability harassment simply to keep a job, and Cemex has now been held accountable for allowing it.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
