In a compelling legal battle that underscores the complexities of workplace discrimination and harassment, a former employee has filed a lawsuit against her previous employer, alleging severe misconduct. The complaint was filed by Damares Gonzalez Menera on March 14, 2025, in the Superior Court of California for the County of Santa Clara against Cardenas Markets LLC and Ramon Avila.
The lawsuit outlines multiple allegations including sex/gender harassment, discrimination, retaliation, race/national origin discrimination and retaliation, wrongful termination, and intentional infliction of emotional distress. Menera claims she was subjected to a hostile work environment orchestrated by her supervisor, Ramon Avila. According to the complaint, Avila allegedly engaged in inappropriate conduct towards female employees by making sexual advances and offering preferential treatment in exchange for entertaining his advances. This behavior reportedly created an unbearable work environment for Menera and others.
Menera alleges that after protesting Avila's conduct to management in March 2024, she faced retaliation instead of support. Her complaints were dismissed by manager Yolanda Marquez who warned her against escalating them further due to Avila's connections within the company. Further complaints to other managers and Human Resources were ignored, leading to increased hostility towards Menera.
Despite her attempts to address these issues internally and through formal complaints with the California Civil Rights Department (CRD), Menera claims she became a target for retaliatory actions. These included being placed on an indefinite unpaid suspension following false accusations just weeks after filing her complaints. The situation culminated in what she describes as wrongful termination on December 19, 2024.
The plaintiff argues that these actions violate several provisions under California's Fair Employment & Housing Act (FEHA) as well as Labor Code Section 1102.5 which protects employees from retaliation for disclosing information about violations of state or federal statutes. Menera seeks compensatory damages exceeding $35,000 along with punitive damages aimed at deterring similar conduct by employers in the future.
Represented by Bibiyan Law Group P.C., attorneys Bijan Mohseni, Gayane Ghandilyan, and Aspen Paxson are advocating on behalf of Menera in this case identified as 25CV461110 before Judge Y. Chavez.