Pair of Lawsuits Expose Alleged Misconduct at Bay Area Air Quality Management District

Workplaces are meant to make everyone feel safe, valued and respected regardless of their background. Unfortunately, this is not always the case. Discrimination and harassment can create toxic work environments, leading to serious emotional and professional consequences for those affected. Recognizing the signs of misconduct is crucial for workers, as is knowing they can use legal means to address injustices.

Two former high-ranking managers at the Bay Area Air Quality Management District (BAAQMD) recently took such a step. They filed lawsuits accusing the public agency of fostering a workplace culture rife with racism, sexism and anti-LGBTQ+ harassment. They claimed they were fired in retaliation for speaking up about rampant discrimination.

Plaintiffs Terri Levels and Stephen “Rex” Sanders filed two separate but related lawsuits claiming that BAAQMD, which regulates pollution in the Bay Area, operates a hostile work environment. They described the workplace as an “old boys club” in which white heterosexual men ran things while denying other workers “equal opportunities and treatment.”

Levels was employed in human resources at the agency’s San Francisco office from 2007 until April this year. She started as an intern, then worked as an HR officer before eventually becoming the first Black woman to hold the department’s director position.

According to her lawsuit, Levels and other women of color were excluded from meetings by white, heterosexual executives. She alleged that district officers showed “extreme hostility” toward them such as by yelling, throwing things and slamming items on desks.

Levels claimed that unqualified white male employees were given her job duties and received higher pay. When she reported the alleged race and gender-based harassment to an executive, the same officer she complained about was assigned to investigate her complaint. Her lawsuit asserted that “the darker an individual’s complexion was, the more severe the discriminatory conduct” they faced.

Sanders identifies as “openly LGBTQIA+” and uses they/them pronouns, according to the lawsuit. They began working as an HR analyst at BAAQMD in 2006 and advanced to the chief administrative officer position in which they oversaw four offices. Sanders’ lawsuit echoed many of Levels’ harassment and discrimination allegations, including exclusion from meetings and hostile behavior from colleagues. 

Sanders claimed they were passed over for a promotion in favor of a less-qualified, heterosexual white man. Sanders also alleged that an executive investigating Levels’ discrimination complaint referred to a photo of Sanders’ son and another man, insinuating they were “gay boyfriends,” and made fun of a Jewish board member’s facial hair.

The lawsuits documented a litany of offensive behavior, including the use of a profane racist epithet against a Black female security officer, inappropriate comments about how female executives looked in their clothing and referring to a Latina worker as “coquettish.” A female worker who complained about “the aggression of the white, heterosexual men in the office,” was told by an executive that she needed to “wear her big girl panties,” the complaint said.

Levels and Sanders argued that their terminations were retaliatory actions for pushing back against the discrimination and harassment they faced. Levels’ termination notice cited improper pay authorizations, poor completion rate of performance evaluations and other management deficiencies. Sanders’ termination notice referenced failure to meet performance standards, dishonesty and insubordination.

Both former managers argued that these justifications were pretexts for their firing, which was motivated by their opposition to the BAAQMD’s discriminatory practices. Sanders said the employer treated them unfairly due to their sex, gender identity and sexual orientation.

If the allegations in the two lawsuits are proven true, they reflect a deep-rooted problem within BAAQMD that goes beyond individual misconduct. The employer may be held accountable for a systemic failure to protect and respect its diverse workforce. In a KQED interview, Sanders pointed out that workers who face that kind of stress “can’t innovate or take risks” or “work collaboratively together,” thereby affecting the agency’s mission to serve the public effectively. 

Workers who face discrimination, harassment or other forms of unlawful treatment should seek legal advice as soon as possible. While Erlich Law Firm is not involved with these lawsuits, our Oakland employment lawyers are dedicated to fighting for worker rights. We are available to discuss your case and explore your legal options. Contact us today for a free initial consultation.