Stanislaus County and its top two law enforcement officers will go to trial next month to face claims that they harassed Sheriff's Department employees who alleged they were the victims of racism in the workplace, according to a judge's tentative ruling Monday.
Stanislaus County Superior Court Judge Roger Beauchesne rejected a move by the county to dismiss the entire lawsuit. He could reverse his decision at a hearing today, but it's unusual for a judge to modify a tentative ruling in a significant way.
Beauchesne held that the employees -- Jackie Bernal, Charmaine Morad-Daniel and Marlena Younan -- can press claims that the county retaliated against them by denying them promotions or putting them under a higher degree of scrutiny than other employees since Sheriff Adam Christianson was elected in 2006.
The case also alleges that Undersheriff Bill Heyne retaliated against the women after Morad-Daniel filed a complaint in which she claimed he referred to her as an "organizational terrorist."
Beauchesne's decision satisfied attorney Jeff Hubins, who is representing the women. A trial is expected to begin Nov. 3.
"There are some serious allegations against the county, and the women are going to get their day in court," Hubins said.
Stanislaus County Counsel John Doering said he would like to get more clarification from today's hearing. Beauchesne issued a nuanced, three-page tentative ruling dismissing some claims but upholding others.
"This is by far the longest, most intricate and detailed tentative ruling that I have ever seen," Doering said. "That's an indication that this was a complex matter and that the judge gave a lot of consideration to it."
A fourth woman who was part of the case when it was filed in July 2008, Alejandra Arenivaz, has dropped her claims and is not part of the lawsuit.
The three remaining women are seeking an unspecified sum of money.
Bernal no longer works for the department and claims she felt pressured to leave. Her claims stem in part from an interview she had for a promotion to records manager in which she allegedly was asked what she would do with Morad-Daniel, who had filed a complaint against Heyne. Bernal did not get the promotion.
Morad-Daniel has been on leave from the Sheriff's Department for the past year. Hubins said she cannot return to the department to work for Heyne and that she will seek back wages and future wages in the lawsuit.
Younan continues to work for the Sheriff's Department as a legal clerk.
The lawsuit is one of three under way against the Sheriff's Department in which employees claim they were the victims of discrimination or harassment.
Hubins also represents Lydia Lopez, a Sheriff's Department records employee suing the county. Lopez alleges that she was subjected to physical and verbal sexual harassment, discrimination and retaliation by Lt. Bill Pooley.
Former deputy Valine Sarmas is suing the county in a separate action claiming that she was the victim of sexual harassment and gender discrimination.
Bee assistant city editor Adam Ashton can be reached at aashton@modbee.com or 578-2366.
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