With last discrimination lawsuit over, former San Diego clerk Maland says ‘truth has finally come to light’

Nearly three years of litigation over discrimination allegations against longtime San Diego City Clerk Liz Maland have ended with a civil jury verdict that a Black employee was not denied a promotion because of race.

The verdict was regarded as a vindication by the now-retired Maland, who ardently defended herself against the allegations and took the unusual step of criticizing the case in the media during the ongoing litigation.

“After nearly three years, I am deeply relieved and grateful that the truth has finally come to light,” Maland told The San Diego Union-Tribune on Thursday. “This verdict affirms what I have always known to be true: that my actions were grounded in fairness, integrity and a genuine commitment to supporting all employees equally.”

Three other lawsuits that involved similar discrimination allegations against Maland all ended with the city paying out $20,000 to each plaintiff.

Maland has frequently pointed to her record of hiring a greater share of Black employees in her office than the overall percentage of Black residents in the county.

She contends that there was a full embracing of diversity while she was in charge of the clerk’s office from 2005 to late 2022, when the allegations prompted her to retire earlier than previously planned.

“The facts as represented by years of excellent annual Equal Employment Opportunity Reports and my commitment to diversity as reflected in my hiring practices bear this out and clearly support the jury’s verdict,” Maland said Thursday.

But Michael Conger, the attorney representing all four plaintiffs, said the employees in the three cases who settled for $20,000 each agreed to small settlements because their potential payouts shrank because they had gotten promoted.

Conger also questioned the jury’s decision and said that the jury’s more than five days of deliberations suggests its decision wasn’t easy and that the case had merit.

“I thought it was a very compelling case,” Conger said. “I respect the jury, but I thought the evidence was overwhelming. There’s no doubt in my mind there is discrimination going on in that office.”

Conger noted that his client who took her case to trial and lost, Ivy Blackwood-Evans, has since been promoted, which he said could have affected the jury’s perspective. No appeal is planned, he said.

Conger said he was unimpressed by Maland’s record of hiring more Black employees in the clerk’s office than are part of the countywide workforce, since Black people make up only about 5% of the countywide workforce.

He contends there are significant pay disparities between Black employees and others in the clerk’s office.

Maland and attorneys for the city have disputed that. They also note that most of the workers in the clerk’s office are classified employees whose salaries are based on scales set by the city’s Civil Service Commission.

A spokesperson for City Attorney Heather Ferbert declined to comment on the case in any detail.

“We respect the jury’s decision and are pleased with the verdict,” said the spokesperson, Ahmed Ibrahim.

Conger said he’s confused why the city rejected a $49,500 settlement offer from him in the Blackwood-Evans case and then spent what he estimates was roughly $400,000 to go to trial.

“I don’t know why you would spend 10 times more than needed,” he said. “No other business in the world would do this.”

Ibrahim declined to comment.

The four discrimination cases were initially all one case, but a judge agreed to a city request last year to divide them up. That led to three settlements, with only Blackwood-Evans continuing to trial.

The three other plaintiffs were Samantha Ely, A. Trida Hughes and Sabrina Tatum. Ely is of Japanese and Native American descent; Hughes and Tatum are Black.

One allegation in the lawsuit that drew attention was an allegation that Maland harassed workers by making demeaning remarks such as “I own you.”

Maland said she never said those exact words and that the particular conversation has been taken out of context. She contends she was speaking to an employee who was being promoted to a high-pressure job that required nearly 24-hour-a-day availability in case of a crisis.

Defendants in such lawsuits rarely choose to comment, often contending their lawyers have instructed them not to because of the pending litigation.

But Maland issued a prepared statement shortly after the lawsuit was filed.

She called it “baseless” and said she expected to be vindicated.

“I hope that my decades-long record of public service and the professional and compassionate way I comported myself during that time will speak for me in my absence,” she said.

Current City Clerk Diana Fuentes, who was Maland’s top lieutenant before succeeding her, said this week that the jury verdict is a vindication for the office.

“We are pleased with the verdict and believe it affirms our department’s ongoing commitment to fairness, equity and inclusion in all employment practices,” she said by email. “We remain deeply committed to fostering a workplace that values transparency, belonging and respect for all employees.”