Two California State University, San Bernardino, employees have sued the university in the last week, claiming they were discriminated against and faced retaliation after opening Title IX investigations into their workplace.
CSUSB police officer Joanna Barber-Matthews alleges in her June 24 complaint that the police department has discriminated against her since she began employment, based on her identity as a Black, queer woman.
Community Partnerships analyst Camelia Fowler brings a class action lawsuit June 20, alleging that the university violated the Fair Employment and Housing Act by discriminating against her, and other employees who are women and people of color, in pay.
CSU has not yet reviewed the lawsuits, according to spokespeople. CSUSB spokesperson Joe Gutierrez was unfamiliar with Barber-Matthews’ complaint. CSU Director of Strategic Communications and Public Affairs Toni Molle said the university had not yet reviewed the Fowler lawsuit.
“The California State University deeply values its employees and is committed to ensuring competitive wages, benefits and rewarding careers that fulfill CSU’s mission of providing students access to a high-quality, affordable education,” Molle said by email.
Both plaintiffs have suffered from discrimination, retaliation and unfair investigations, said Joseph Richardson, the plaintiffs’ attorney.
“They are both women of color. They’re both very good at what they do, and they both want to continue to do it in an environment that’s fair, and that fixes it when there is something wrong,” Richardson said.
Barber-Matthews suspended after complaint
Barber-Matthews claimed consistent harassment against her prevented her from doing her job. She says when she reported the harassment to the university, she was placed on administrative leave, and has stayed there for the past nine months.
After she joined the Cal State San Bernardino Police Department three years ago, her superior officer, Lance Higgins, would watch Barber-Matthews respond to a burglary call through video instead of accompanying her as policy required, she claimed.
Higgins aggressively questioned her after the call, and did not watch other officers during calls, she claimed. Higgins would also make her, and only her, do equipment checks in front of other officers, she claimed.
After a short period where Barber-Matthews and Higgins were not on the same schedule, Higgins would regularly conduct flashlight checks solely on Barber-Matthews, surveil her without backing her up and regularly ask around about her then drive past her without making contact, Barber-Matthews alleged in the complaint.
The complaint says Higgins told her that he doesn’t like a Latina officer because she reminds him of his “crazy ex-wife.”
Barber-Matthews also noticed a pattern of preferential treatment based on race, gender and sexuality, she claimed.
On Oct. 10, 2021, three days after Barber-Matthews submitted a Title IX complaint alleging discrimination, the university placed her on administrative leave for “allegations of dishonesty and filing false documentation,” where she has reamined ever since. On Oct. 18, 2021, she was told that her Title IX complaint was rejected.
“While I’ve been devoting myself to the mission of the department, what became clear is the CSUSBPD was a club, and I as a woman, as an African American and Latino woman, LGBTQ+ community member, was not invited,” Barber-Matthews said June 27 in a press conference. “I believe that this has all been a retaliation for complaining about my treatment within the department.”
Her base pay remained the same while under leave, but she lost her stipend and pay from overtime shifts, Richardson said.
Barber-Matthews’ complaint brings eight causes of action: violation of the California Fair Employment and Housing Act, harassment based on sex and gender, two causes of wrongful retaliation, wrongful failure to take reasonable steps to prevent harassment, discrimination and retaliation, both intentional and negligent infliction of emotional distress and asks for injunctive relief.
“Having my future up in the air has caused anxiety, stress and fear. Every day, I feel my dream of working as a campus police officer is slipping away from me,” she said at the press conference. “It has me questioning my career path and wondering what may be next. Cal State has to ensure that its investigation processes are fair and even handed.”
Higgins is also a defendant in her case.
San Bernardino Superior Judge Janet Frangie presides.
CSU’s and Higgins’ attorneys have not yet been named.
Case number CIVSB2211347.
Read the complaint here.
Fowler complaint
Fowler claimed she is one of many CSU employees who are comparatively underpaid due their race or gender.
A CSUSB alumna who has worked at the university in different positions since her graduation 10 years ago, her class action complaint is based partially on a California State University Employees Union report that white men received on average a monthly pay of $5,440, while Hispanic women, at the lowest end of the spectrum have an average monthly pay of $4,108, 75% of the white male average.
On average, women were reportedly paid 91% of what men were, and Black women, like Fowler, are paid 82% on average what white men are.
“Unfortunately, I am living in the reality painted in the survey, and I am not alone,” Fowler said at the press conference. “I believe the facts will show that there are many stories of women and people of color like myself in the CSU system, who are forced to choose to go to work for less money. Things are not where they need to be, where they must be, and my personal situation proves it. What CSU needs to do is fix this problem, fix it right and fix it permanently.”
Fowler claimed her salary for the job she began March 1 was less than the position’s predecessors. Human resources directed her to file a Title IX complaint after she complained about the pay disparity, she said.
Her complaint alleges violations of the California Fair Employment and Housing Act and wrongful failure to take reasonable steps to prevent harassment, discrimination and retaliation.
She asked for declaratory relief, and for injunctions that would require CSU to review its salaries and institute a policy to equalize pay across race and gender.
San Bernardino Superior Judge David Cohn presides.
CSU’s attorneys have not yet been named.
Case number CIVSB2212118.
Read the complaint here.
Griffin claim
The two suits join a discrimination claim filed against the university April 21 by CSUSB Administrative Support Coordinator Paige Griffin. All three plaintiffs are represented by Joseph Richardson of McCune Wright & Arevalo.
Griffin’s claim alleges the university allowed sexual harassment, retaliated against her when she reported she had been kissed against her will and declined to press charges against the coworker who kissed her.
Griffin has been on unpaid leave but has been requesting to work from home, Richardson said. Griffin has not formally filed a legal complaint.
“This isn’t my 15 minutes of fame. This is my trauma and my life,” Griffin said in a press release.
Fowler reached out to Richardson after hearing about the Griffin complaint, Richardson said.
