L.A County Seeks Dismissal of Black Sheriff Lieutenant’s Discrimination Suit

A 63-year-old Black longtime Los Angeles County sheriff's lieutenant is suing alleging he has repeatedly been denied a promotion to captain because of his ethnicity. Lt. Michael A. White's Los Angeles Superior Court lawsuit alleges age and race discrimination as well as retaliation. He seeks unspecified damages.

White was 61 years old when he filed his suit in November 2024. He was hired in 1987 and was promoted to sergeant in 2007 and to lieutenant four years later. White’s attorneys stated in their court papers that they found out 18 candidates were promoted ahead of the plaintiff.

County lawyers filed court papers Thursday with Judge Jon Takasugi in advance of a Dec. 31 hearing stating that all of Lt. Michael White’s claims related to non-promotions before 2021 are barred by the statute of limitations. The county lawyers also contend that White cannot establish cases for race and age discrimination, or for retaliation. Los Angeles County is asking a judge to dismiss wholly or in part a lawsuit.

"The racial and age glass ceiling that blocks the promotability of plaintiff and other African-American deputies must be broken now," the suit states. "Plaintiff isn't getting any whiter and he isn't getting any younger."

While a candidate for captain in 2016, White was made an acting captain at the Lomita Station, but a non-Black candidate was given the open captain position, according to the suit, which further states that the plaintiff was similarly passed over for a captain promotion at three stations in 2019 and all of those slots also were given to competitors who are not Black.

"Unless promoted to the rank of captain, plaintiff has no way to progress to higher positions within the department," the suit states.

Numerous other deputies sworn with less tenure than White have been promoted or appointed to captain, commander, chief, assistant sheriff and undersheriff, according to the complaint.

Undersheriff April Tardy is only the second Black person to hold the position in the LASD's 174-year history.

According to White’s lawsuit, he was a candidate for captain in 2016 and was made an acting captain at the sheriff’s Lomita station, but a non-Black candidate was eventually given the open captain position. The plaintiff was similarly passed over for a captain promotion at three stations in 2019 and all of those slots also were given to competitors who are not Black, the complaint further states.

Numerous other deputies sworn with less tenure than White have been promoted or appointed to captain, commander, chief, assistant sheriff and undersheriff, according to the suit.

The Law

California State Law Claims (FEHA)

The deadline to file an administrative complaint is 3 years from the date of the last discriminatory or harassing incident to submit an intake form or complaint to the California Civil Right Department CRD.

The deadline to file a lawsuit once the CRD processes your complaint and issues a "Right-to-Sue" notice, is exactly 1 year from the date of that notice to file a civil lawsuit in court.

Federal Law Claims (Title VII / 42 U.S.C. § 2000e)

The deadline to file an administrative charge: Because California has its own state enforcement agency, the standard federal deadline is extended. You have 300 days from the date of the discriminatory act to file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). 

Deadline to file a lawsuit: After the EEOC completes its review and issues its federal "Notice of Right to Sue", you must file your lawsuit in federal court within 90 days.

Title 42 U.S.C.A. § 2000e–2 provides as follows:§ 2000e–2. 

Unlawful employment practices(a) Employer practicesIt shall be an unlawful employment practice for an employer—
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or
(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin.
(b) Employment agency practices
It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.
(c) Labor organization practices
It shall be an unlawful employment practice for a labor organization—
(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;
(2) to limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or
(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section...Exceptions [§ 2000e–2(e)-(h)]: Permits limited discrimination under specific conditions such as bona fide occupational qualifications (BFOQs), employment by religious organizations, bona fide seniority or merit systems, and national security requirements.