A former employee has filed a lawsuit against a construction company, alleging severe workplace misconduct and retaliation. Lorraine Rodriguez, the plaintiff, submitted her complaint on December 2, 2024, in the Superior Court of California, County of Santa Clara, accusing Swinerton Builders of sexual harassment and wrongful termination.
Lorraine Rodriguez claims that during her employment with Swinerton Builders from July to August 2024 as a construction laborer, she faced persistent sexual harassment from her manager, Angel Maya. According to the complaint, Maya made inappropriate comments about Rodriguez's body and marriage and proposed engaging in sexual relations with her. Despite rejecting these advances and reporting the harassment to another manager on August 7, 2024, Rodriguez alleges that no immediate corrective action was taken. Instead, she was placed on leave pending an investigation. On August 21, 2024, she was informed by another manager that she would no longer be scheduled for work or paid, which she interpreted as termination.
Rodriguez’s lawsuit outlines several causes of action against Swinerton Builders under California law. These include sexual harassment creating a hostile work environment under the Fair Employment and Housing Act (FEHA), failure to prevent such harassment as required by law, retaliation for opposing unlawful practices under FEHA provisions, violation of whistleblower protections under California Labor Code §1102.5 et seq., negligent supervision and training related to sexual harassment claims, and wrongful termination in violation of public policy.
The plaintiff is seeking various forms of relief from the court. She demands compensatory damages for lost wages and benefits due to her alleged wrongful termination and emotional distress caused by the hostile work environment. Additionally, Rodriguez seeks punitive damages against Swinerton Builders for their purportedly malicious conduct in failing to address or prevent the harassment adequately. The lawsuit also requests injunctive relief requiring Swinerton Builders to implement training programs for employees regarding their rights under FEHA and appropriate grievance procedures.
The legal representation for Lorraine Rodriguez is provided by Tower Legal Group P.C., with attorneys James A. Clark leading the case. The case has been assigned Case No. 24C0V453014 at the Superior Court of California in Santa Clara County.