Jose Hernandez wins 1.9mil settlement from Pasco School District

Pasco School District’s insurance pool will pay $1.9 million to resolve a racial harassment and discrimination lawsuit filed two years ago by its former transportation director. The case – filed by Jose Hernandez in U.S. District Court of Eastern Washington – was set to go to trial next year, but a joint order to dismiss the case was submitted April 30, with each side bearing their own costs and attorney fees.

Hernandez’s complaint alleged he was subject to nearly a decade of racial slurs, anonymous notes, degrading graffiti, insensitive language and a harassment campaign by a group of subordinates. He requested lost wages, damages for emotional harm and attorney’s fees, among other relief, from the district. Jose Hernandez In a statement provided by his law firm, Seattle-based Bloom Law PLLC, Hernandez said the settlement reflected “a measure of accountability and validation.” “No one should have to endure the kind of hate and hostility I faced simply for speaking up,” said Hernandez, a Latino. “I brought this case not just for myself, but for others who’ve been silenced in public institutions. I hope it helps lead to a culture of respect, safety and inclusion for every employee and student in Pasco schools.”

In a statement, Pasco School District staff said Hernandez retired from the district March 31 and that the settlement was handled and funded by the Washington Schools Risk Management Pool. “This resolution was made to avoid the cost and disruption of prolonged litigation and to allow the district to maintain its full focus on serving students and the community. It is important to emphasize that this decision does not represent an admission of wrongdoing,” Pasco’s statement read. “The district’s position regarding the allegations remains unchanged. The Pasco School District categorically denies the characterizations made in the lawsuit and stands firmly by its values. The district does not tolerate discrimination in any form and takes all such allegations seriously,” it continued.

Hernandez worked 17 years total for the school district, including nine years as its transportation director, from 2012 to 2021. He was reassigned as the district’s migrant program manager before retiring this year. He made more than $176,000 as a director/supervisor.

Hernandez worked as a trooper with the Washington State Patrol prior to his career at the school district. File Tri-City Herald Reports of ‘unchecked racism’ Bloom Law claims this lawsuit brought closure to “a case that exposed years of unchecked racism within the district and sparked calls for systemic reform.” It named both the school district and Superintendent Michelle Whitney, alleging the district ignored documented instances of racial harassment and retaliation against him when he demanded action.

Hernandez claims the district did very little to investigate or discipline employees after he reported the abuse, and went so far as to retaliate against him by reassigning him after he reinstated a worker who allegedly drove a school bus while under the influence in December 2021, and denying him a promotion.

Employees would allegedly slip notes under Hernandez’s door, some saying, “Go back to Mexico,” “Speak English,” or calling him a slur. He alleges hearing comments and “anti-Mexico jokes,” including, “Don’t f******* talk to me… I still can’t believe we have a Mexican for a director,” and, “Mexicans – like Mr. Hernandez – will steal the bus’s hubcaps,” and, “You people don’t like Trump because he wants to build a wall, why’d you even come to our country?”

Hernandez claims employees would use his picture as a dartboard target. The harassment got so bad, the lawsuit says, that Hernandez was reporting one new instance of racially harassing conduct per month to his supervisor. He also alleges that another supervisor used the phrase “you people” to refer to Mexican-Americans in a derogatory manner. The alleged hate was reportedly driven by a small number of bus drivers in the district who called themselves the “Stearman Group.” The school district’s transportation facilities are located on Stearman Avenue. The district has previously said that it acted “prompt and reasonable” investigating and vetting all allegations of discrimination that were brought forth by Hernandez.