BENTON – Former Madison County jailer Gustavo Navarrete, ready for trial on a discrimination claim five months ago, must wait another six months for a jury.
U.S. District Judge Staci Yandle, who postponed an April trial in March and a July trial in June, postponed it from September to February on Aug. 19.
Navarrete sued the office of Sheriff John Lakin in 2017, alleging discrimination on the basis of national origin.
His lawyer Paul Slocomb of St. Louis claims his employer expected him to translate Spanish in jail, although he didn’t take the job for that purpose.
He claims Navarrete was required to translate for other county entities in dangerous situations without bulletproof vest or weapon.
He claims workers and supervisors called Navarrete “Speedy Gonzalez.”
He further claims Navarrete filed an Equal Employment Opportunity Commission complaint on Jan. 29, 2016, and Lakin terminated him three days later.
Navarrete later substituted Madison County for Lakin’s office as defendant.
The county moved to dismiss the suit, and Yandle denied the motion in 2018.
“He alleges that he was required to undertake additional duties, was placed in dangerous environments without adequate protection, and was referred to by an offensive nickname,” Yandle wrote.
“Whether this conduct actually occurred and whether Navarrete can establish a link between the objectionable conduct and his status as a Hispanic are issues of proof, not pleading.”
The county moved for summary judgment, and Yandle denied it last September.
She found Navarrete was involved in an incident with an inmate and was found to have violated rules and regulations.
“Certainly, violating rules and regulations of an employer may be a valid reason for terminating an employee,” Yandle said at hearing.
“That said, there is evidence from which a reasonable jury could conclude that the reasons proffered by Madison County for Navarrete’s termination were merely pretext for discrimination.”
Yandle found his last evaluation was positive and his immediate supervisor couldn’t point to any other instance of termination based on an inmate’s statements.
She wrote that jurors might find Lakin’s decision suspect in light of the state’s attorney declining to press charges and state police finding no misconduct.
“Sheriff Lakin did not review the actual findings of the Illinois state police nor did he review Navarrete’s employee evaluations or speak to Navarrete about the incident,” Yandle wrote.
“Instead, he exclusively credited the statements of an inmate.
“The pretext analysis focuses on the honesty of the employer’s explanation, not on whether it was reasonable or appropriate.”
Heidi Eckert and Matthew Banocy of Clayton, Missouri represent the county.