November 22, 2005
Former worker sues agency, cites discrimination
By JONEL ALECCIA
Mail Tribune
A former Community Works employee who said a client threatened to strangle her is suing the social service agency, contending officials there downplayed the incident and later fired her because
she is Hispanic.
The lawsuit follows the state labor bureaus dismissal of a similar complaint after an investigation showed no evidence of racial bias.
Angelica Valtierra of Medford filed a civil discrimination lawsuit in Jackson County Circuit Court on Nov. 15.
Valtierra, who worked as a Hispanic advocate for more than three years, seeks $50,000 in lost wages and non-economic damages. She contended that agency officials responded to her concerns
about safety threats differently than those of non-Hispanic employees, according to court documents.
When she complained about reported death threats, Valtierra alleged that supervisors placed her on a disciplinary employment plan, then fired her last March.
Arnie Green, executive director of Community Works, said he hadnt seen the lawsuit and couldnt comment.
"We all take all complaints like this very seriously," Green added.
But a complaint filed with the state Bureau of Labor and Industries was dismissed in August after an investigation revealed no discrimination, BOLI records showed.
"The investigation showed that (Valtierra) was placed on a performance-enhancement plan for legitimate reasons," a complaint dismissal memo showed.
Valtierra was unable to show that race or national origin contributed to her discipline or firing, the memo said. She also was unable to show that she was fired because she complained about the
death threats.
In addition, the investigation found that the death threat "was not literal," documents showed.
Community Works officials produced records that showed employees of all races had been similarly disciplined and fired and that other employees had reported death threats with no consequences,
documents showed.
Valtierra, who now works for La Clinica del Valle Family Health Center in Medford, did not return calls seeking comment Monday.
Another BOLI complaint filed by Marlene Mish, former principal of Community Works CrossRoads School, was withdrawn, state documents indicated.
Marlene Mish had filed a complaint in December 2004 contending she was fired after four years for reporting that Community Works supervisors were overbilling the Oregon Health Plan for drug and
alcohol counseling services, a possibly criminal offense.
Evidence suggested that was true, a BOLI memo said.
Community Works changed its billing methods and repaid between $14,000 and $15,000 in fees to the state, Green said. That resolved the issue.
But Mish withdrew the complaint in March with the intent to sue the agency. No lawsuits have been filed, state court records indicate.
However, Mish indicated she was constrained from talking about any possible complaint, settlement or litigation. She said her employment record showed that she voluntarily resigned from
CrossRoads.
"Its behind me," said Mish, who now works as an advocate with the Jackson County District Attorneys office. "Im very happy."
Community Works is among Jackson Countys largest social service agencies, with 110 full-time employees and an annual budget of about $5 million.
Reach reporter JoNel Aleccia at 776-4465, or e-mail
jaleccia@mailtribune.com.