SAN FRANCISCO, CALIFORNIA — A federal jury unanimously awarded $5 million to a Black, disabled ready-mix truck driver on Tuesday after finding that cement giant Cemex subjected him to years of racial slurs, mockery, and a hostile work environment at its East Bay plants — and then fired him after he repeatedly raised concerns.
Joseph Sample Jr. worked as a ready-mix truck driver at Cemex plants in Antioch and Concord. He sought $15 million in damages from Cemex, one of the world’s largest cement and building materials companies, with nine ready-mix concrete plants in the Bay Area. The trial took place before Judge William H. Orrick in U.S. District Court for the Northern District of California.
“My mom, who has passed away, told me to stand up for myself against these people and I could help change the culture of the company,” Sample said after the verdict. “Despite the constant abuse, I always tried to be the best employee I could be.”
Employment attorney Chambord Benton-Hayes, Joseph Sample Jr. and Civil Rights Attorney Adanté Pointer
What the Evidence Showed
Sample’s attorney, Adante Pointer, told jurors the evidence pointed to more than five years of unchecked harassment and a company that refused to act. “The evidence will show Cemex Corporation permitted its workers to harass my client because of his disability and race and did nothing to protect him,” Pointer said. Coworkers called Sample racial slurs, referred to him as “monkey,” “retarded,” and other derogatory names.
Sample was born with a disability affecting one ear, leaving him hard to understand at times, and walked with a limp. Despite that, Pointer said, Sample took tremendous pride in his work. “His mother asked what was going on,” Pointer told jurors. “He told his mom that what was once his dream job had turned into a nightmare.”
Sample filed his first lawsuit in January 2023 without an attorney. Even after filing, Pointer said, Cemex’s HR department never interviewed Sample or opened an investigation.
Former Cemex driver and trainer Thomas Milano — a 23-year company veteran — testified that he personally reported the harassment to an HR representative and plant supervisor. He told them explicitly that Sample was experiencing a hostile work environment and needed a transfer. “I told her this was a hostile work environment for the guy,” Milano testified. “I said, this is a hostile work environment, he is being harassed.” No one from HR ever followed up with Milano after his reports. “I did it because I was his friend. I did it because I was his coworker. I did it because I was a shop steward. I did it because it was the right thing to do,” Milano said. “You see harassment, you report it.”
Cemex’s Defense
Cemex attorney Dorothy Liu disputed the allegations. “At no time did Mr. Sample or anyone on his behalf report racial slurs being used in the workplace,” Liu said, noting that Cemex offers three formal reporting channels and Sample used none to raise complaints about slurs or derogatory language. Liu argued the conflict stemmed from workplace safety disputes and personality clashes rather than discrimination. She pointed to a March 2022 accident in which she said Sample ran a red light with a mixer truck, and said coworkers reported feeling unsafe over on-the-job safety concerns — not harassment.
The jury rejected Cemex’s position and returned a unanimous $5 million verdict in Sample’s favor.
All defendants are presumed innocent until proven guilty in a court of law.
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