Ms. Elias alleges in her lawsuit that on or about July 16, 2007, she submitted a cover letter and her resume to Battaglia Inc., in response to a job posting for an accounting manager position placed on the job website Monster.com. The plaintiff claims that she was well qualified for the position, having been an experienced CPA and accounting manager for many years. Ms. Elias’s resume indicates that she was educated in Egypt.
The next day, an HR representative from Battaglia called Ms. Elias and left a message requesting a return call about the accounting manager position.
In her suit, Ms. Elias, who was employed at the time, states that she returned the call and left a voice mail message providing suggestions as to the best time when she could be reached. She admits that she speaks with a strong discernible Middle Eastern accent.
The lawsuit contends that the HR representative for Battaglia never called back, even after Ms. Elias left another voice mail message the next day.
It is further alleged that a couple of weeks later, on July 29, 2007, Ms. Elias noticed that the accounting manager position for Battaglia was again advertised on Monster.com. She emailed her resume once again and expressed her continued interest in the position.
The lawsuit alleges that upon receiving plaintiff’s July 29 email, Battaglia’s HR person wrote an email, intended for Battaglia’s controller who had requisitioned the open position of accountant manager, for advice on how to respond to Ms. Elias. This email was meant to be an internal confidential document, and it was mistakenly sent to Ms. Elias. Ms. Elias charges that the email was very discriminatory.
Discovery in the lawsuit has revealed that, other than verbal counseling for having erroneously sent the email to plaintiff, Battaglia has not in any way disciplined, trained or counseled its HR representative or its controller about the apparent discriminatory content of the email. Ms. Elias charges that the ownership, as well as upper management at Battaglia ratified its HR representative’
Trial is scheduled to begin on July 13, in the Superior Court of Orange County in Santa Ana.
About Mann & Elias
Law Office of Mann & Elias represents employees and victims of workplace discrimination and harassment, as well as other consumers, individuals and small businesses in a variety of other claims. The firm is located in Los Angeles. For more information visit www.mannelias.com
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