1 LAW OFFICES OF LISA HOLDER

Lisa Holder (212628)

2 P.O. Box 65694
Los Angeles, CA 90065
3 Telephone: (323) 683-6610
[email protected]
4
BROWN, NERI, SMITH & KHAN LLP
5 Nathan M. Smith (255212)
11601 Wilshire Blvd., Suite 2080
6 Los Angeles, California 90025
Telephone: (310) 593-9890
7 Facsimile: (310) 593-9980
[email protected]
8
Attorneys for Plaintiff Dr. Derrick Morton
9

10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OF LOS ANGELES
12

13
DERRICK MORTON CASE NO. ____________________
14
Plaintiff,
15
v.
16 COMPLAINT
KAISER PERMANENTE BERNARD J.
17 TYSON SCHOOL OF MEDICINE, INC. a JURY TRIAL DEMANDED
California non-profit public benefit
18 corporation; Does 1-20,

19 Defendants.
20

21

22

23

24
INTRODUCTION AND SUMMARY OF THE COMPLAINT
25
1. The Kaiser Permanente J. Bernard Tyson School of Medicine (“KPSOM”) lures the best
26
and the brightest Black doctors and scientists from across the nation to join the KPSOM faculty
27
with the false promise that they will be afforded unique opportunities for Diversity, Equity, and
28
0
COMPLAINT
 1 Inclusion (“DEI”) leadership, academic freedom, and faculty partnership status in building an

2 institution committed to ending the legacies of inequality in medical education and patient care.

3 Black doctors and scientists at the height of their professional power make tremendous personal

4 and professional sacrifices based on KPSOM’s false promise. Dr. Derrick Morton was one such

5 professional.

6 2. Derrick Morton, Ph.D., is a Black biologist and former KPSOM Assistant Professor. After

7 completing a prestigious post-doctoral fellowship at Emory University, he began a career at

8 KPSOM. There, Dr. Morton was repeatedly traumatized by defendant’s pervasive hostility
9 against Black professionals and medical students. Dr. Morton was personally down-leveled and

10 suffered retaliation from KPSOM supervisors for being Black. Dr. Morton witnessed supervisors

11 ostracize, isolate, and fire Dr. Aysha Khoury because she is Black. He witnessed White

12 supervisors demote, isolate, and constructively discharge the DEI Associate Dean because he is

13 Black. Dr. Morton witnessed and experienced anti-Black animus at KPSOM that was so

14 pervasive and chilling that he and his Black colleagues could not associate with each other or with

15 Black students for fear of being blacklisted and rendered professionally non-viable. Dr. Morton

16 witnessed KPSOM leadership manipulate, lie, gaslight, and distort the facts in messaging and

17 narratives that damage the careers of Black professionals. After a year of KPSOM’s anti-Black

18 hostility, he was left with no option but to find alternate employment, before his career was

19 destroyed. Thus, as a result of severe anti-Black discrimination, Dr. Morton was constructively

20 discharged from KPSOM.

21 THE PARTIES

22 3. Derrick Morton is an individual who was employed by the Kaiser Permanente J.

23 Bernard Tyson School of Medicine, Inc., from March 23, 2020, until August 13, 2021.

24 4. Kaiser Permanente Bernard J. Tyson School of Medicine, Inc., Defendant. KPSOM

25 is a California non-profit public benefit corporation first formed in 2016. The declared purposes of

26 the School include “(ii) advancing diversity and inclusion in the medical workforce to better meet

27 the needs of underserved and disadvantaged populations.” [Amended and Restated Articles of

28 Incorporation, Article 2.B.].

1
COMPLAINT
 1 JURISDICTION AND VENUE

2 5. The Court has jurisdiction over this matter because the Defendant is a California

3 Non-Profit Corporation with a principal place of business in Los Angeles County, California. The

4 amount in controversy exceeds $25,000.00.

5 6. Venue is proper because the acts and events in the complaint occurred within Los

6 Angeles County or were directed by the School from its site in Los Angeles County. The School

7 identified its address with the Secretary of State as 393 E. Walnut Street, Pasadena, California,

8 91188. Plaintiff worked remotely and at the School’s location at 98 S. Los Robles Avenue,
9 Pasadena, California, 91101.

10 ADMINISTRATIVE EXHAUSTION

11 On August 22, 2022, Dr. Morton filed his charge of discrimination and retaliation with the

12 DFEH, naming the School as the Respondent. He received his right to sue that day.

13 FACTS

14 I. Dr. Morton: Accomplished Scholar-Scientist and Community Leader

15 7. Dr. Morton is a renowned molecular geneticist and biochemist, with an impeccable resume

16 of accomplishments and service.

17 8. He received his Ph.D. from Clark Atlanta University in 2016 and completed his academic

18 training in 2020 with a prestigious post-doctoral fellowship from Emory University. During his

19 time at Emory, he presented his scientific works at local, national, and international conferences

20 and received numerous awards including highly competitive fellowships from the NIH and private

21 foundations.

22 9. Dr. Morton has authored or co-authored at least 17 peer-reviewed articles and a book

23 chapter. He is the recipient of numerous awards, honors, and grants and, in 2020, before going to

24 KPSOM, was distinguished as one of America’s 100 Inspiring Black Scientists and a rising star 1.

25 10. As a scientist, researcher, and DEI leader, Dr. Morton is acutely aware of the data on bias

26 in medicine and its abject outcomes for Black patients. In medicine, the racial empathy gap

27 manifests distinctly for Black patients, leading to uniquely perverse outcomes. Half of White

28 1
https://crosstalk.cell.com/blog/100-inspiring-black-scientists-in-america
2
COMPLAINT
 1 medical trainees and a quarter of practicing physicians wrongly believe Black people have thicker

2 skin or less sensitive nerve endings than White people.2 Consequently, Black patients are much

3 less likely to be given pain medication for severe pain than white patients. If you're a child having

4 abdominal pain because of appendicitis, the chances of obtaining adequate pain medication goes

5 down by 80% if you are Black compared to if you're White. 3

6 11. Pervasive racism in health care has caused a Black Women’s Health Crisis. Black women

7 are three to four times more likely than white women to die during childbirth or shortly afterward.

8 While socioeconomic status is an important determinant of access to quality health care, research
9 demonstrates that race significantly impacts maternity-related mortality independent of

10 socioeconomic status.4 Similarly, infant mortality rates for Black women with a college degree

11 are higher than those for White women with just a high school education. Indeed, if you're a

12 Black woman, who has reached the heights of education and is comfortable socio-economically

13 you have a higher chance of dying in pregnancy and delivery, and your baby has a higher chance

14 of dying in pregnancy and delivery than anyone else, including any woman of any other race who

15 has not finished high school. 5 Moreover, Black women are 40% more likely to die from breast

16 cancer than White women and are usually diagnosed later.6 Accordingly, the Berkeley School of

17 Public Policy declared that Black women are some of the most vulnerable patients in health care,

18

19

20
2
21 https://metro.co.uk/2021/02/07/rochelle-humes-confirms-doc-on-death-rate-of-black-women-in-
childbirth-14036812/?ito=cbshare
22 3
Goyal, M., Kuppermann, N., Cleary, S., et al. “Racial Disparities in Pain Management of
23 Children with Appendicitis in Emergency Departments” JAMA PEDIATR. 2015 Nov;
169(11):996-1002. Accessed at
24 https://jamanetwork.com/journals/jamapediatrics/fullarticle/2441797.
4
Goffman, D., Madden, R., Harrison, E., et al. “Predictors of maternal mortality and near-miss maternal
25 morbidity.” Journal of Perinatology. 2007 August 16. Nature Research. Retrieved from
https://www.nature.com/articles/7211810.
26 5
https://www.cdc.gov/reproductivehealth/maternal-mortality/disparities-pregnancy-related-
27 deaths/infographic.html
6
https://www.nbcnews.com/news/nbcblk/why-black-women-face-disproportionate-rates-breast-
28 cancer-n1242777
3
COMPLAINT
 1 because of both their race and gender in a field that has historically been riddled with White

2 supremacy and sexism.7

3 12. Further, Dr. Morton is cognizant of the underrepresentation of Black doctors and scientists

4 and this disparity’s adverse impact on Black patient care and health outcomes. Although African

5 Americans comprise 14% of the U.S. population, only 5% of doctors and biomedical scientists are

6 African American and Less than 3 % of U.S. medical school faculty members are Black.

7 Moreover, Black physician trainees are 31 times more likely to be expelled from postgraduate

8 training programs than white trainees.

9 13. In California, Black physicians are less than 3 percent of the entire medical profession. 8
10 Black Californians routinely experience racism and implicit bias in their interaction with the

11 healthcare system and many have wanted more access to Black physicians. 9 The data shows that

12 Black patient health outcomes markedly improve with the care of Black physicians.

13 14. A wealth of research data exists supporting the positive link between access to Black health

14 professionals and/or cultural competence and the quality of care and health outcomes for Black

15 patients. For example, a sentinel study of the outcomes of newborns in the intensive care unit

16 showed that the mortality indices for Black newborns were cut in half when Black physicians

17 cared for them. Other studies have demonstrated that Black male patients received more life-saving

18 screenings and tests when working with Black physicians and health care providers, decreasing the

19 cardiovascular gap with White men by up to 19%; Black patients were more receptive to surgical

20 recommendations from Black physicians; Black patients experienced an improved awareness of

21 lung cancer through Black physicians, and Black patients had higher adherence to cardiovascular

22 medicines when under the care of Black physicians.

23

24 7
https://bppj.berkeley.edu/2020/04/13/spring-2020-journal-mitigating-black-maternal-mortality/;
25 https://news.yahoo.com/black-patients-pain-under-appreciated-231417082.html
8
Woods et al., “We AINT CRAZY! Just Coping With a Crazy System”: Pathways into the Black
26 Population for Eliminating Mental Health Disparities (May 2012) Cal. Reducing Disparities

27 Project, pp .28-30
9
Cummings, In their Own Words: Black Californians on Racism and Health Care (Jan. 2022) Cal.
28 Health Care Foundation, p.4
4
COMPLAINT
 1 15. Accordingly, Dr. Morton believes passionately in equity in higher education and is an

2 exceptional leader in advancing programs for DEI and BIPOC representation in medicine and

3 academia. To that end, he has developed and implemented several DEI pathway programs for

4 underrepresented minorities in the sciences as well as served in several advisory roles as a DEI

5 advocate including taking a two-year appointment with the Association of American Medical

6 Colleges (AAMC), as a member of the Group on Graduate Research Education and Training

7 (GREAT), and serving on the search committee for the inaugural Vice Provost for Diversity and

8 Inclusion and Chief Diversity Officer (CDO) at Emory University. Furthermore, Dr. Morton has
9 several peer-reviewed publications on equity in STEM and has personally mentored and created

10 research/publishing opportunities for underserved STEM students, specifically women, and

11 BIPOC.

12 16. Dr. Morton’s visionary community leadership stems from his belief that diversity and

13 inclusion are integral to the future of science and innovation. He aspires to uplift science

14 education where everyone has an equal opportunity to gain knowledge, learn, share and challenge

15 dogma in new ways.

16 II. Dr. Morton is Recruited by KPSOM

17 17. In the Fall of 2019, upon completing his post-doctoral fellowship, Dr. Morton applied for

18 faculty positions at several institutions, including KPSOM. KPSOM aggressively recruited Dr.

19 Morton.

20 18. KPSOM told Dr. Morton would have a unique opportunity to build an equity legacy that

21 other more established institutions could not afford him. KPSOM told Dr. Morton that he would

22 be a faculty partner and stakeholder in KPSOM’s equity mission and afforded robust opportunities

23 for DEI leadership. KPSOM presented the appointment as a unique opportunity because of the

24 institution’s purported fulsome commitment to the BIPOC community and to integrating equity

25 principles into medical education, patient care, and faculty relations.

26 19. KPSOM’s advertisement and public-facing materials also touted the school’s commitment

27 to DEI. Dr. Morton was impressed with KPSOM’s advertising, which centered and uplifted

28 BIPOC communities in medicine and science. KPSOM’s pledged itself to: “Achieve health equity
5
COMPLAINT
 1 and eliminate disparities wherever they exist”, “Develop courageous leaders who challenge the

2 status quo…, and “Promote inclusiveness and diversify medical education”. Moreover, in 2019,

3 the institution adopted the name Kaiser Permanente Bernard J. Tyson School of Medicine,

4 renaming itself after the Kaiser Foundation’s first Black CEO, an icon renowned for his

5 commitment to DEI.

6 20. KPSOM offered Dr. Morton a faculty appointment on January 14, 2020, months in advance

7 of the standard faculty recruiting cycle. Dr. Morton accepted the faculty at KPSOM at the urging

8 of the Chair of Biomedical Science in early 2020. He was encouraged to accept his offer early
9 after his Department Chair learned he had an informal competing offer.

10 21. In biosciences, one’s first faculty appointment is a pivotal career inflection point. These
11 appointments are extraordinarily competitive. Moreover, the application process is cyclical and

12 time-sensitive. Typically, one missed cycle requires the applicant to wait a whole year to reapply.

13 These positions typically last several years and, if successful, transition into full professorships.

14 Ending one’s first faculty appointment before tenure or promotion is considered problematic and

15 renders the applicant less competitive. Thus, the first faculty appointment can make or break a

16 career.

17 22. Dr. Morton’s mentors counseled him against accepting KPSOM’s early employment offer.
18 They advised Dr. Morton that KPSOM was a nascent institution lacking the credentials, prestige,

19 and tenure opportunities afforded by more established institutions that would be eager to hire a

20 scholar of Dr. Morton’s talent and distinction.

21 23. Dr. Morton believed that KPSOM was fully committed to DEI, based on KPSOM’s public-

22 facing statements and the personal assurances he received from KPSOM management. Dr. Morton

23 was assured by the Chair of Biomedical Sciences that KPSOM’s values, environment, and culture

24 would provide him the best opportunity to flourish as a scientist, educator, and DEI leader.

25 Accordingly, Dr. Morton, resolute in his commitment to both science and DEI leadership, forfeited

26 tenure-track opportunities as well as certain financial and reputational benefits for the opportunity

27 to be a stakeholder in KPSOM, an institution ostensibly grounded in principles of racial justice,

28 inclusive pedagogy, and patient equity.

6
COMPLAINT
 1 24. Dr. Morton began to work at KPSOM on March 23, 2020.

2 25. Contemporaneously, Dr. Morton was appointed to the California Institute of Technology

3 (Caltech) faculty as a Visiting Associate, because of his exceptional scientific and DEI credentials.

4 III. KPSOM Disciplines, Down-levels, and Discharges Black Faculty Due to Racial Bias

5 26. Notwithstanding KPSOM’s willingness to exploit Dr. Morton’s considerable talent,

6 teaching skills, reputation, and contributions to the KPSOM community in order to advance its

7 reputation in areas of diversity and inclusion and obtain certification, KPSOM has subjected Dr.

8 Morton to racial trauma arising from discriminatory employment decisions against Dr. Morton and
9 a workplace culture that disrespects, undermines, disciplines and ousts African American faculty,

10 including Dr. Morton, due to racial bias.

11 27. From March to July 2020, Dr. Morton worked virtually from Atlanta due to the Pandemic.
12 28. Commencing during that virtual work period, Dr. Morton observed and was disturbed by
13 the hostile workplace climate and culture. Dr. Morton attended a series of departmental meetings

14 facilitated by a KPSOM risk management employee to discuss workplace/department dysfunction.

15 During these meetings, several faculty members indicted KPSOM management for dereliction of

16 its mission due to a lack of accountability, non-transparency, racist practices, and failures and

17 omissions around DEI and anti-racism.

18 29. In July 2020, Dr. Morton relocated to Los Angeles and began his in-person teaching and

19 research. Upon arriving at KPSOM, Dr. Morton witnessed a racially hostile workplace culture. He

20 was immediately told that a Black faculty member in his department abruptly resigned due to

21 environmental and cultural dysfunction in the department and School.

22 30. During this period Dr. Morton observed KPSOM management apply a double standard for

23 the discipline of Black doctors who advocated and organized for equitable Pandemic protocols.

24 Black doctors were disciplined and ostracized and White doctors who were equally vocal suffered

25 no consequences.

26 31. In August 2020, Dr. Morton observed the removal and ouster of a Black member of the

27 faculty and small group facilitator, Dr. Aysha Khoury. The KPSOM leadership discharged her

28
7
COMPLAINT
 1 immediately after she engaged students in a discussion around health care inequality and legacies

2 of racism in medicine.

3 32. In October 2020, Dr. Morton observed that anti-Black discrimination was having a

4 crushing impact on Black medical students. The students were overwhelmed. Several students

5 confided in Dr. Morton as a mentor that they were trying to communicate their concerns to

6 leadership, but their concerns were being ignored, and that they felt unheard.

7 33. BIPOC student complaints to the Dean were repeatedly dismissed and the leadership

8 refused to take any measures to evaluate their accountability for institutional racism. The students
9 also feared that the leadership at KPSOM would prevent them from getting their medical degrees

10 or from obtaining professional access in retaliation for complaining about racism.

11 34. Dr. Morton observed a palpable terror in his African American students that distressed
12 him.

13 35. On more than one occasion, at least two Black students approached Dr. Morton and told
14 him they were considering ways to protest Dr. Khoury’s suspension. Those students asked Dr.

15 Morton if he thought they would still be permitted to obtain their degrees.

16 36. Dr. Morton, in turn, told his Department Chair, Jose Barral, that his students were
17 contemplating protest but were concerned about retaliation. Rather than reassuring Dr. Morton

18 that his students would not be retaliated against, Dr. Barral told Dr. Morton the students should

19 carefully consider what protest would mean for their future at KPSOM.

20 37. In October 2020, Dr. Morton and another Black faculty member agreed to meet with

21 several Black students to support them and encourage them to continue with their studies. Dr.

22 Morton counseled the students to partner with White student allies who were concerned about

23 racism at the school. He believed the institution would be more responsive to White students’

24 complaints.

25 38. Indeed, it was not until White students began to complain about institutional racism

26 including the Dean’s failed leadership, the ouster of Dr. Khoury, and the disproportionate

27 departure of Black faculty, that the administration agreed to hold meetings denominated “town

28
8
COMPLAINT
 1 halls” and “listening sessions” to purportedly allow students to voice their concerns and engage in

2 a dialogue around reconciliation.

3 39. The “town halls/listening sessions” began in December 2020 and continued through the

4 Spring of 2021.

5 40. KPSOM excluded faculty from the listening sessions, except for senior leadership.

6 Moreover, KPSOM excluded critical Black voices in senior leadership from the dialogue.

7 Specifically, the Dean prohibited the Associate Dean of DEI, an African American doctor tasked

8 with reporting discrimination complaints, from attending the listening sessions.

9 41. Dr. Morton is informed and believes that KPSOM did not use the listening session to
10 undertake corrective measures. Instead, the Dean leveraged the listening sessions to wage a smear

11 campaign against Dr. Aysha Khoury, one of the Black faculty they had targeted and retaliated

12 against.

13 42. Around this time, several of Dr. Morton’s colleagues at KPSOM revealed to him that they
14 were actually disappointed when they learned that he had accepted the faculty appointment and

15 would be relocating to work at KPSOM. They told him they were concerned during Dr. Morton’s

16 KPSOM interview process that KPSOM leadership was making false promises about the school’s

17 commitment to DEI and academic freedom. They also told him they were concerned that if Dr.

18 Morton accepted the appointment under false pretenses it would be ruining his career and

19 jeopardizing his mental health as he would be personally subjected to devastating racism.

20 IV. Dr. Morton’s Black Colleagues Experience Racial Discrimination

21 43. Since the establishment of the School, several Black women doctors at KPSOM have

22 either left or complained due to pervasive sexualized race bias in employment operations and

23 practices.

24 A. Black Physician Colleague 1, Aysha Khoury

25 44. Dr. Aysha Khoury, an African American Physician-Instructor was vigorously recruited

26 from her partner-track position in Kaiser’s Atlanta affiliate. Like Dr. Morton, KPSOM managers

27 assured Dr. Khoury that the school was authentically committed to equity and that she would be

28 invited to partner with KPSOM to actualize its DEI mission and vision in the classroom and her
9
COMPLAINT
 1 faculty leadership roles. Based on these promises Dr. Khoury left a successful practice, her

2 family, and a lifetime community, and relocated to California.

3 45. Dr. Khoury experienced egregious gender and race discrimination during her time at

4 KPSOM. Dr. Khoury was subjected to a double standard in the discipline. Leadership showed

5 outsized hostility toward her for advocating for safer, equitable, and culturally informed Covid 19

6 protocols. White doctors who were equally vocal faced no hostility or discipline.

7 46. Dr. Khoury experienced extreme, arbitrary, racial animus. She was discharged from the

8 faculty immediately after she facilitated a class discussion on bias elimination in medicine where
9 she discussed health care inequity, the underrepresentation of Black doctors in the health field, its

10 impact on patient health outcomes, and her lived experience as a Black woman physician.

11 47. Dr. Morton heard and witnessed the senior leadership coldly and callously inform Dr.
12 Khoury she was being removed because of her activity in the classroom that day. He heard them

13 inform her that they did not want to see her on campus and declined to give her an opportunity to

14 offer comments or address the merits of any allegations of wrongdoing. Dr. Morton observed that

15 Dr. Khoury’s callous, and summary removal was blatantly racist.

16 48. After her experience of extreme anti-Black racism and race-based trauma, Dr. Khoury
17 sought an academic appointment at a historically Black medical school.

18 B. Black Physician Colleague 2

19 49. In December 2020, a female Black physician-academic complained in writing to Dean

20 Schuster and senior leadership that KPSOM’s culture was toxic to Black physicians. Black

21 Physician Colleague 2 implored the leadership to use anti-racism approaches to promote healing.

22 Specifically, the complaint stated as follows:

23 Hello Leadership,

24 Given the division, strife, trauma that has occurred in our community I am

25 requesting that the process to address this be a restorative justice process. Only

26 when we can approach it from this perspective will we be able to heal and begin to

27 be a community. I have attached a video that explains the importance of this

28
10
COMPLAINT
 1 process and what it actually means. I implore you to watch it. You can start at

2 8:40 time and it will take only about 15 minutes of your time.

3 https://youtu.be/Um8mAo8IbyI

5 I am pleading with you all to understand the harm that has been caused to the

6 entire community and to be honest about the harm and sincere in your attempts to

7 correct the course. We are a racist institution, we are upholding the system of

8 white supremacy that is at the core of our nation, but we do not have to be. We
9 can choose to be different, we can choose to be actively anti-racist and not just
10 “become a more anti-racist organization”. The prospect of working with
11 individuals that are committed to doing the difficult work was what made me want
12 to be a part of this institution. The lack of ownership for the harm that has been
13 created and the repetitive trauma, the tokenization that I have experienced and that
14 lack of want to understand the continued harm that cause has been unbearable at
15 times.
16

17 This is not what I agreed to, these acts that are standard corporate and systemic
18 oppression tactics are not why I agreed to be here. The students, the faculty and

19 staff deserve better. My only intent with this email is to encourage you to do better.

20 I cannot stay silent anymore. It is entirely too much to bare emotionally to continue

21 the façade when I see the status quo occurring.

22

23 Please make the right choice. Please do right by those who have poured their

24 heart, soul and professional reputations into the principles we proport to be

25 about. I understand that my individual voice matters not to you and that we as an

26 institution have shown time and time again that individuals like myself are

27 replaceable, but I will tell you in full disclosure, if we continue on our current

28 course I will not be silent any longer. Silence is causing students to turn on
11
COMPLAINT
 1 students and faculty to turn on faculty and increasing distain, anger and

2 discontentment and I will not continue to play a role in that. I cannot. I am happy

3 to discuss further with any of the leadership that has questions, but not just as a

4 means to silence or “appease” me to have a real conversation.

6 50. Dr. Morton was read this statement at or around the time it was sent by the statement’s

7 author.

8 C. Black Physician Colleague 3

9 51. Dr. Morton’s only Black male physician colleague experienced anti-Black racial animus
10 as well. The most senior DEI leadership official was a Black doctor with a reputation for academic

11 brilliance and professional excellence and a nationally recognized DEI subject matter expert.

12 Black Physician Colleague 3 was treated abysmally because of his race.

13 52. KPSOM leadership recruited and lured Black Physician Colleague 3 away from a
14 thriving, partner track practice at a Kaiser Permanente medical group outside of California to

15 come to work at KPSOM. Like Dr. Morton, Black Physician Colleague 3 was told in interviews

16 that KPSOM disavowed systemic inequality and was fully committed to breaking down the

17 structures of health care inequality through high-quality counter-bias informed medical training.

18 Black Physician Colleague 3 was assured that he would be given the unique opportunity to fully

19 implement KPSOM’s equity Mission statement and turn it into reality. Based on these promises,

20 Black Physician Colleague 3 left his successful practice, his family, and his faith community to

21 come to California to fulfill his professional, and social justice ambitions.

22 53. Instead of being supported to advance DEI, Black Physician Colleague 3 was stymied at

23 every turn by his KPSOM supervisors. After Black Physician Colleague 3 endeavored to increase

24 BIPOC faculty representation, address EEO and ADA violations, and create channels for BIPOC

25 faculty to voice their concerns about discrimination to management, the leadership swiftly

26 retaliated against him. His direct supervisors Dr. Connelly, Senior Associate Dean for Academic

27 and Community Affairs, and Dean Schuster made racist remarks. Dr. Connelly indicated it was a

28 waste of KPSOM resources to target HBCUs for recruitment. Dean Schuster told Colleague 4 that
12
COMPLAINT
 1 his job was to be a sounding board and that in his presence the Dean would not filter remarks that

2 could be perceived as inappropriate. In effect, this meant Black Physician Colleague 3 was

3 subjected to unfiltered, racist statements. The Dean told Black Physician Colleague 3 that they

4 needed to infantilize him and keep a close eye on him. Accordingly, his managers micromanaged

5 him relentlessly and treated him differently than the other members of senior leadership. The

6 Dean also told Black Physician Colleague 3 that before he departed from the school he needed to

7 find them a Black man to join the faculty. Black Physician Colleague 3 was a constant target of

8 leadership’s racial animus. He was removed from leadership roles on committees that allowed
9 him to interface with faculty, in direct contravention of KPSOM’s bylaws and his job description.

10 He was intentionally sidelined, demoted from leadership, and constructively discharged.

11 54. After his experience of extreme anti-Black racism and race-based trauma, Black Physician
12 Colleague 3 sought an academic appointment at a historically Black medical school. The

13 experience of discrimination was deeply humiliating, destabilizing, and chilling for Black

14 Physician Colleague 3 and other Black faculty who witnessed his debasement, including Dr.

15 Morton.

16 D. Black Scientist Colleague 1

17 55. One Black faculty member observed that Black women at KPSOM were stigmatized. She
18 recounted that she and other Black women were accused of creating an atmosphere of exclusion

19 when they socialized together.

20 56. The same faculty member observed that the administration took a checklist, tokenization

21 approach to diversity. School leadership viewed diversity as a box to check, tallying the

22 employees of color and publicly touting the quantum of Black doctors as proof of diversity.

23 57. Dr. Morton arrived after that colleague left KPSOM but was made aware of her complaints

24 through colleagues.

25 E. Black Scientist Colleague 2

26 58. This female colleague reported to Dr. Morton that she feared meeting with her Black

27 students because of the stigma KPSOM created around gatherings of two or more Black

28 professionals. Black Scientist Colleague 2 truncated her meetings with Black students fearing
13
COMPLAINT
 1 retaliation against herself and her medical students. She felt powerless to assuage the fears and

2 concerns that were destabilizing her Black students.

3 59. Dr. Morton felt the need to take similar precautions against associating with Black students

4 because of his experience of anti-Black workplace discrimination and stigmatization of Black

5 leadership. Indeed Dr. Morton would keep his meetings with Black students very short, to just 10

6 minutes. When a Black student asked for tutoring, Dr. Morton felt compelled to obtain express

7 permission from the Dean to meet with the student so that he would not be later accused of

8 disrupting students or causing problems.

9 60. Black Scientist Colleague 2, experienced devastating gender and race discrimination at
10 KPSOM. Black Scientist Colleague 2 voiced concerns about the School’s environmental and racial

11 issues directly to the Chair of Biomedical Science and pleaded with him to address these issues

12 prior to Dr. Morton’s arrival at KPSOM. Black Scientist Colleague 2’s concerns were not taken

13 seriously, and she began to be treated with hostility by leadership. This hostility had an observable

14 impact on Black Scientist Colleague 2’s career at KPSOM. Black Scientist Colleague 2 was

15 routinely passed over for leadership opportunities for less qualified colleagues. In one such case,

16 Black Scientist Colleague 2, was passed over for a leadership position in a DEI curriculum

17 committee, for a non-faculty staff member with no prior DEI experience in science or medicine.

18 61. That colleague has accepted a faculty position at another institution.

19 V. Dr. Morton Experiences Further Anti-Black Discrimination, Downleveling, and

Retaliation on the Equity, Inclusion and Diversity Advisory Committee (EIDA)
20
62. The EIDA committee was just forming in early 2021, following the events surrounding Dr.
21
Khoury’s suspension and termination. Dr. Morton was selected by Dean Schuster as an inaugural
22
member of the committee. He agreed to this appointment believing he could be a force for change
23
at the School given the purported mission and the official purpose of the EIDA committee. Dr.
24
Morton thought that his experience in DEI in science and his lived experience as an African
25
American man could be leveraged to protect underrepresented KPSOM students, faculty, and staff
26
from future discrimination and inequitable treatment. Moreover, this position would effectively
27

28
14
COMPLAINT
 1 give Dr. Morton “a seat at the table”, as this committee reported directly to the Dean. This

2 committee would expand Dr. Morton’s role in faculty governance at KPSOM.

3 63. The Bylaws describe the EIDA's purpose and authority as follows:

4 The Equity, Inclusion, and Diversity Advisory Committee (EIDA) is responsible for advising

5 the Dean of the school of medicine on opportunities and challenges in meeting the school's

6 equity, inclusion, and diversity (EID) goals. In this way, the committee supports the interests

7 of the students, faculty, staff and the community through collecting, monitoring, and reviewing

8 pertinent data, both internal and external, related to the school's culture, curriculum,
9 community partnerships, and demographics.
10 64. Dr. Morton and his colleagues on the committee set out to create accountability structures
11 and assessment tools to get an accurate measure of the climate around race and to marshal

12 information to support recommendations for systemic resolution and restorative justice approaches

13 to abate the hemorrhaging of Black faculty and staff.

14 65. KPSOM leadership thwarted this effort, swiftly dismantled the structures the committee
15 tried to erect and retaliated against the EIDA membership for taking a proactive stance against

16 discrimination by truncating the EIDA’s purview and scope of work in a manner inconsistent with

17 the bylaws.

18 66. Dr. Morton had initial conversations with his colleagues about chairing the committee. He

19 concluded based on his colleagues and students, and his personal experiences of stigmatization,

20 that a Black person could not be seen as credible in the KPSOM DEI space and would instead be

21 retaliated against and summarily dismissed as a complainer, malcontent, and too impartial to

22 competently speak to the issues of equity and inclusion.

23 67. KPSOM leadership eliminated access and collaboration with the Associate Dean of DEI

24 from the EIDA’s scope of work. They expressly prohibited the Associate Dean of DEI from

25 attending EIDA meetings, in contravention of the Bylaws and the Associate Dean’s job

26 description. After siloing the EIDA and the DEI Department, Dean Schuster’s office took over the

27 Associate Dean’s EIDA responsibilities.

28
15
COMPLAINT
 1 68. The leadership purported to implement culture and climate assessment tools by hiring an

2 outside DEI consultant. However, the EIDA was not permitted to vet the consultant or weigh in

3 on the consultant’s scope of work. Dr. Morton was not allowed to speak to the consultant

4 conducting the assessments of climate and culture and the consultant did not speak to any other

5 Black faculty in his department. Finally, the committee was not permitted to review any data

6 gathered by the consultant, or their conclusions. Thus, Dr. Morton and his EIDA colleagues

7 concluded that KPSOM leadership used the DEI outside consultant program to justify the status

8 quo rather than seek to improve.

9 69. The leadership took painstaking steps to disempower the EIDA and Dr. Morton. This
10 contravened the bylaws and belied as a pretext the commitments managers had made to induce Dr.

11 Morton to accept a faculty appointment. Accordingly, KPSOM curtailed Dr. Morton’s academic

12 freedom, dismantled opportunities for faculty-shared governance, and demoted Dr. Morton from a

13 stakeholder in the school’s diversity program to a lame-duck, token for DEI messaging. This

14 down-leveling changed the conditions of Dr. Morton’s employment.

15 70. At least two allies on the EIDA resigned their posts and left the school because of their
16 despair and frustration over the ongoing discrimination against African American colleagues and

17 disillusionment about the Committee’s diminution in power after leadership reduced its scope of

18 work.

19 71. One White female EIDA colleague vocalized concerns about structural racism against

20 Black KPSOM faculty and then departed from the committee and the school. She stated that she

21 was leaving because she realized that KPSOM’s DEI commitment and the EIDA were only an act

22 and that, as such, the anti-Black discrimination would continue unabated.

23 72. A Latina colleague departed from the EIDA and KPSOM disillusioned, after many failed

24 attempts to stir authentic leadership from the Dean on anti-racism and to generate honest discourse

25 about the racially motivated ouster of Black faculty including Dr. Khoury, and other minority

26 faculty and staff. She believed that the leadership had not taken any corrective measures and

27 would never accept accountability for the institution’s discriminatory practices.

28
16
COMPLAINT
 1 73. Another EIDA colleague spoke out against anti-Black racial microaggressions they

2 witnessed as a bystander and the disparate punishment of Black faculty and staff who complained

3 about KPSOM operations in comparison to White faculty that engaged in similar dissent.

4 Subsequently, the KPSOM leadership threatened that their career at KPSOM would suffer if they

5 continued their advocacy publicly, especially in the presence of students. Thereafter, they

6 refrained from taking a vocal position on these issues.

7 74. In April 2021, EIDA became fractured and effectively disbanded because of the

8 manufactured limitations on their scope of work and the continuing hostility that they observed
9 White leadership direct against Black faculty.

10 75. The racial stigma associated with Black leadership chilled Dr. Morton’s speech and
11 stymied his academic freedom and free association with Black colleagues. Accordingly, pervasive

12 racial animus altered the conditions of employment.

13 VI. Dr. Morton Complains to Leadership of Discrimination

14 76. Between October 2020 and July 2021, Dr. Morton lodged at least 12 complaints with his
15 supervisor, the Associate Dean of DEI, and the Dean of the School regarding the unfair treatment

16 of Black faculty and disparities in discipline between Black and white faculty who vocalized

17 dissent. He complained that the Associate Dean of DEI was being blatantly silenced, siloed,

18 demoted, and mistreated because he was Black. He reported that the callous treatment of Dr.

19 Aysha Khoury looked like textbook racism and that the misleading statements and lack of

20 transparency around her departure belied prevarication. He reported that KPSOM needed to take

21 ownership and accountability measures for the health of the faculty, staff, and students. The

22 Administration never took concrete steps to respond to his pleas for fair treatment of Black

23 faculty. KPSOM refused to be held accountable for the disparities he reported.

24 77. Dr. Morton reported to his supervisor many times that he was fearful of discrimination and

25 retaliation. He complained that he had observed his colleagues demoted, sidelined, and blacklisted

26 for speaking out against institutional racism. Dr. Morton told his supervisor that despite his stellar

27 credential and excellent performance reviews he feared that he would meet that fate as well

28 because he is Black.
17
COMPLAINT
 1 78. In January 2021, Dr. Morton began to wonder whether he had a future career at KPSOM.

2 Instead, continuing to work at KPSOM would only bring retaliation and cause him to be

3 blacklisted. Because he had dissented and tried on many occasions to move the needle toward

4 institutional accountability, all pathways for advancement at KPSOM would be foreclosed to him

5 as they had been for all Black faculty who had complained of inequity.

6 79. As there were no pathways for advancement and failure to advance in this initial

7 appointment would end his career, Dr. Morton was constructively discharged.

8 80. The week before he left, Dr. Morton met with Dean Schuster again. He told the Dean that
9 he failed in his duty to the faculty and students, that his omission was the cause of student and

10 faculty distress, and that his failures and omissions seemed intentional.

11 81. Shortly before his departure, Dr. Morton tendered to KPSOM Human Resources a written
12 report documenting his termination due to direct and secondary racial discrimination. He reported

13 that he had previously complained of discrimination and a hostile work environment to his

14 supervisor and the Dean in emails and person. The complaint also stated that he had not previously

15 complained to Human Resources because of fear of retaliation from leadership.

16 VII. Dr. Morton Experiences Emotional Distress and Race-Based Trauma Due to the
17 Hostile Work Environment
18 82. Beginning in August 2020 and likely triggered by witnessing the mistreatment of Dr.

19 Khoury by KPSOM, Dr. Morton began to experience panic attacks, heart palpitations, night

20 sweats, and sleeplessness because of the hostile work environment at KPSOM. The adverse

21 physiological impact caused by the hostile workplace was ongoing.

22 83. By early 2021, and for the first time in his life, Dr. Morton sought counseling and therapy

23 to navigate this experience of racial trauma.

24 VIII. KPSOM’s Data Reveals a Pattern of Disparate Treatment

25 84. Upon information and belief, between 2019 and 2021, KPSOM’s PeoplePulse climate and

26 engagement surveys showed persistently low scores for the “Inclusion theme”, “Speaking Up

27 index”, and “Engagement index” for minority employees.

28
18
COMPLAINT
 1 85. Upon information and belief, in 2020, KPSOM’s affirmative action plan data showed that

2 women and minorities were underutilized across several areas and implicated Equal Employment

3 Opportunity violations. Specifically, the data suggested EEO violations because it revealed that

4 women were underutilized across education and training job groups and that minorities were

5 underutilized across faculty and senior administrative job groups.

6 86. Generally, Black faculty and staff were overrepresented in departures from KPSOM and

7 were consistently replaced by non-minority faculty/staff. From 2017 on, out of at least eight

8 faculty and staff involuntarily separated from KPSOM, seven were people of color and four were
9 Black, and three of those four were Black women. Also, outsized Black faculty and staff

10 voluntarily separated from KPSOM complaining of a toxic work environment. At least, eleven of

11 the thirteen voluntary departures were people of color, five of them Black, and four of those five

12 were Black women.

13 87. As of August 2022, 100% of all Black faculty and nearly all faculty of color in Dr.
14 Morton’s department, Biomedical Science, have resigned or are in the process of resigning their

15 faculty position at KPSOM.

16 IX. DAMAGES
17 88. As a result of the hostile work environment and constructive discharge, Dr. Morton
18 suffered hypertension, anxiety, depression, insomnia, severe headaches, and stomach pains.

19 89. As a result of the hostile work environment and constructive discharge, Dr. Morton

20 incurred financial losses including a decrease in his income, expenses related to moving, losses to

21 current and future retirement savings, and a reduction in assets/wealth.

22 90. As a result of his demotion and constructive discharge, Dr. Morton incurred opportunity

23 costs, lost income, and reputational damage including the loss of the opportunity to build his

24 academic portfolio as a junior faculty to achieve promotion and eligibility for a valuable pension –

25 an unusual benefit in academia.

26 CAUSES OF ACTION

27 CAUSE OF ACTION 1:

28 Race Discrimination in Violation of California Government Code Section 12940(a)

19
COMPLAINT
 1 91. Plaintiff realleges the preceding paragraphs as if set forth here.

2 92. The School acted at all material times as an employer of Dr. Morton, including exercising

3 control over Dr. Morton’s schedule and duties, supervising Dr. Morton, disciplining Dr. Morton,

4 and compensating Dr. Morton.

5 93. Dr. Morton acted at all material times as an employee of the School and a member of the

6 School’s faculty. He took assignments from his supervisors at the School, worked the schedule

7 required by the School, used equipment supplied by the School, and understood that his

8 compensation was based on his employment with the School.

9 94. The School subjected Dr. Morton to a series of adverse employment actions, including
10 down-leveling, intimidation, stigmatization, heightened scrutiny, different standards of behavior,

11 and constructive termination.

12 95. Dr. Morton’s race was a substantial motivating reason he was down-leveled, intimated, and
13 constructively terminated.

14 96. Dr. Morton was harmed by the School’s discrimination. As a result of the School’s
15 discrimination against him, Plaintiff has incurred opportunity costs, reputational damage,

16 reputational damage, reputational damage, reputational damage, and suffered financial losses and

17 physical and emotional distress.

18 97. Defendants’ conduct was oppressive, malicious, and fraudulent.

19

20 CAUSE OF ACTION 2:

21 Racial Harassment in Violation of California Government Code Section 12940(j)

22 98. Plaintiff realleges the preceding paragraphs as if set forth here.

23 99. The School acted at all material times as an employer of Dr. Morton, including exercising

24 control over Dr. Morton’s schedule and duties, supervising Dr. Morton, disciplining Dr. Morton,

25 and compensating Dr. Morton.

26 100. Dr. Morton acted at all material times as an employee of the School and a member

27 of the School’s leadership. He took assignments from his supervisors at the School, worked the

28
20
COMPLAINT
 1 schedule required by the School, used equipment supplied by the School, and understood that his

2 compensation was based in part on his employment with the School.

3 101. Dr. Morton was subjected to harassing conduct because of his race, Black.

4 102. The harassment of Dr. Morton because of his race was both severe and pervasive.

5 103. A reasonable Black person in Dr. Morton’s circumstances would have considered

6 the work environment to be hostile, intimidating, offensive, oppressive, or abusive.

7 104. Dr. Morton considered the work environment to be hostile, intimidating, offensive,

8 oppressive, or abusive.
9 105. The harassment of Dr. Morton was caused by his supervisors.
10 106. The harassment of Dr. Morton was a substantial factor in causing his damages,
11 including lost opportunity costs, reputational damage, reputational damage, reputational damage,

12 stigmatic harm, and suffered financial losses, and physical and emotional distress.

13 107. Defendants’ conduct was oppressive, malicious, and fraudulent.

14 CAUSE OF ACTION 3:

15 Retaliation in Violation of California Government Code Section 12940(h)

16 108. Plaintiff realleges the preceding paragraphs as if set forth here.

17 109. The School acted at all material times as an employer of Dr. Morton, including

18 exercising control over Dr. Morton’s schedule and duties, supervising Dr. Morton, disciplining Dr.

19 Morton, and compensating Dr. Morton.

20 110. Dr. Morton acted at all material times as an employee. He took assignments from

21 his supervisors at the School, worked the schedule required by the School, used equipment

22 supplied by the School, and understood that his compensation was based in part on his

23 employment with the School.

24 111. Dr. Morton reported race and gender discrimination against him and other Black

25 faculty, staff, and students to the School administration, including Dean Schuster. He also

26 reported to Dean Schuster on DEI failures by the school.

27

28
21
COMPLAINT
 1 112. Dr. Morton’s reports of race and gender discrimination and advocacy for DEI

2 efforts were a substantial motivating reason for the School’s adverse employment actions,

3 including down-leveling Dr. Morton and constructively discharging him.

4 113. Dr. Morton was harmed by the School’s retaliation. As a result of the School’s

5 retaliation against him, he has incurred opportunity costs, reputational damage, reputational

6 damage, and suffered financial losses and physical and emotional distress.

7 114. Defendants’ conduct was oppressive, malicious, and fraudulent.

8 CAUSE OF ACTION 4:
9 Wrongful Discharge in Violation of Public Policy

10 115. Plaintiff realleges the preceding paragraphs as if set forth here.

11 116. The School acted at all material times as an employer of Dr. Morton, including

12 exercising control over Dr. Morton’s schedule and duties, supervising Dr. Morton, disciplining Dr.

13 Morton, and compensating Dr. Morton.

14 117. Dr. Morton acted at all material times as an employee of the School. He took

15 assignments from his supervisors at the School, worked the schedule required by the School, used

16 equipment supplied by the School, and understood that his compensation was based in part on his

17 employment with the School.

18 118. Dr. Morton was down-leveled, denied opportunities for DEI leadership and

19 partnership that had been promised to him by the school, and constructively discharged in violation

20 of several public policies.

21 119. First, Dr. Morton was subjected to adverse employment actions because he

22 advocated against bias and discrimination in medicine and at KPSOM.

23 120. Second, the School violated the public policies embodied by FEHA in preventing

24 race discrimination in the workplace and retaliation for reporting race and gender discrimination in

25 the workplace.

26 121. Third, the School violated California public policy that protects an employee from

27 retaliation for discussing the conditions of his workplace or reporting unlawful acts in the

28 workplace, or reporting unsafe conditions in a medical facility, including California Labor Code
22
COMPLAINT
 1 Section 1102.5 and California Labor Code Section 6310(b), California Health and Safety Code

2 Section 1278.5 (b)(1)(A) & (B).

3 122. Dr. Morton’s down-leveling and constructive discharge were substantially

4 motivated by the School’s violations of the above public policies.

5 123. As a result of the School’s actions, Dr. Morton has incurred opportunity costs,

6 reputational damage, reputational damage, and suffered financial losses and physical and

7 emotional distress.

8 124. Defendants’ conduct was oppressive, malicious, and fraudulent.

9 CAUSE OF ACTION 5:

10 Breach of Employment Contract

11 125. Plaintiff realleges the preceding paragraphs as if set forth here.

12 126. The School acted at all material times as an employer of Dr. Morton, including

13 exercising control over Dr. Morton’s schedule and duties, supervising Dr. Morton, disciplining Dr.

14 Morton, and compensating Dr. Morton.

15 127. Dr. Morton acted at all material times as an employee of the School and a member

16 of the School’s leadership. He took assignments from his supervisors at the School, worked the

17 schedule required by the School, used equipment supplied by the School, and understood that his

18 compensation was based in part on his employment with the School.

19 128. The School and Dr. Morton entered an employment contract that incorporated the

20 faculty handbook and bylaws.

21 129. The School breached its contract with Dr. Morton by down-leveling him, and

22 constructively discharging him.

23 130. Dr. Morton substantially performed his job duties.

24 131. Dr. Morton would not have been down-leveled or constructively discharged had

25 KPSOM adhered to its contract with Dr. Morton.

26 132. As a result of these breaches of contract, Dr. Morton has incurred opportunity costs,

27 reputational damage, and suffered financial losses and physical and emotional distress.

28 CAUSE OF ACTION 6:
23
COMPLAINT
 1 Breach of the Implied Covenant of Good Faith and Fair Dealing

2 133. Plaintiff realleges the preceding paragraphs as if set forth here.

3 134. The School acted at all material times as an employer of Dr. Morton, including

4 exercising control over Dr. Morton’s schedule and duties, supervising Dr. Morton, disciplining Dr.

5 Morton, and compensating Dr. Morton.

6 135. Dr. Morton acted at all material times as an employee of the School and a member

7 of the School’s leadership. He took assignments from his supervisors at the School, worked the

8 schedule required by the School, used equipment supplied by the School, and understood that his
9 compensation was based in part on his employment with the School.

10 136. The School and Dr. Morton entered an employment contract that contains an
11 implied covenant of good faith and fair dealing.

12 137. The School breached the implied covenant of good faith and fair dealing with Dr.
13 Morton by down-leveling and constructively discharging him.

14 138. Dr. Morton substantially performed his job duties.

15 139. But for the breach of the implied covenant of good faith and fair dealing, Dr.
16 Morton would not have been demoted, denied promised compensation, or constructively

17 discharged.

18 140. As a result of these breaches of the covenant of good faith and fair dealing, Dr.

19 Morton has incurred opportunity costs, reputational damage, and suffered financial losses and

20 physical and emotional distress.

21 CAUSE OF ACTION 7:

22 Retaliation in Violation of Labor Code 1102.5(b)

23 141. Plaintiff realleges the preceding paragraphs as if set forth here.

24 142. The School acted at all material times as an employer of Dr. Morton, including

25 exercising control over Dr. Morton’s schedule and duties, supervising Dr. Morton, disciplining Dr.

26 Morton, and compensating Dr. Morton.

27 143. Dr. Morton acted at all material times as an employee of the School and a member

28 of the School’s leadership. He took assignments from his supervisors at the School, worked the
24
COMPLAINT
 1 schedule required by the School, used equipment supplied by the School, and understood that his

2 compensation was based in part on his employment with the School.

3 144. Dr. Morton reported violations of FEHA’s prohibitions on race and gender

4 discrimination against him and others to the School’s administration on multiple occasions.

5 145. Despite lip service to investigating Dr. Morton’s complaints, he is informed and

6 believes that the School took no serious remedial action in response to his complaints.

7 146. Dr. Morton’s reports of race and gender discrimination were a substantial

8 motivating reason for the School's adverse employment actions, including demoting Dr. Morton,
9 denying him the stakeholder status he was promised, and constructively discharging him.

10 147. Plaintiff was harmed by the School’s retaliation. As a result of the School’s
11 retaliation against Dr. Morton, he has incurred opportunity costs, reputational damage, reputational

12 damage, and suffered financial losses and physical and emotional distress.

13 148. Defendants’ conduct was oppressive, malicious, and fraudulent.

14 CAUSE OF ACTION 8:

15 Unfair Competition

16 149. Plaintiff realleges the preceding paragraphs as if set forth here.

17 150. Defendants’ conduct alleged above constitutes unlawful business acts and/or

18 practices within the meaning of Business and Professions Code sections 17200, et seq.

19 Defendants’ predicate acts include:

20 a. Discrimination based on race and gender;

21 b. Retaliation for opposing race and gender discrimination;

22 c. Violations, including retaliation, of 42 U.S.C. § 1981;

23 d. Violations, including retaliation, of 42 U.S.C. § 1982;

24 e. Wrongful discharge in violation of public policy;

25 f. Retaliation in violation of California Labor Code Section 1102.5(b).

26 151. As a direct and proximate result of Defendants’ conduct, Plaintiff incurred

27 opportunity costs, reputational damage, reputational damage, and suffered financial losses and

28 physical and emotional distress.

25
COMPLAINT
 1 152. As a direct and proximate result of Defendant's conduct, Plaintiff is entitled to

2 restitution.

3 153. Defendants’ conduct was oppressive, malicious, and fraudulent.

4 CAUSE OF ACTION 9:

5 Promissory Estoppel

6 154. Plaintiff realleges the preceding paragraphs as if set forth here.

7 155. Dr. Morton was promised in unambiguous terms that he would have a unique

8 opportunity to build an equity legacy that other more established institutions could not afford him.
9 KPSOM told Dr. Morton that he would be a faculty partner and stakeholder in KPSOM’s equity

10 mission and afforded robust opportunities for DEI leadership. KPSOM presented the appointment

11 as a unique opportunity because of the institution’s purported fulsome commitment to the BIPOC

12 community and to integrating equity principles into medical education, patient care, and faculty

13 relations.

14 156. Dr. Morton actually, reasonably, and foreseeably relied on each of KPSOM’s
15 promises to him. Not only did Dr. Morton relocate to Los Angeles County for the position, but he

16 also gave up more traditional faculty opportunities at a crucial moment in his career.

17 157. Dr. Morton was harmed by relying on this false promise Dr. Morton has incurred
18 opportunity costs, reputational damage, reputational damage, and suffered financial losses and

19 physical and emotional distress.

20 158. Injustice can only be avoided by enforcing KPSOM’s promises to Dr. Morton

21 159. Defendants’ conduct was oppressive, malicious, and fraudulent.

22 RELIEF REQUESTED

23 a. Plaintiff seeks money damages as permitted by law;

24 b. Plaintiff seeks penalties to the greatest extent allowed by law;

25 c. Plaintiff seeks punitive damages against the Defendants on all counts to which he is

26 entitled to such relief;

27 d. Plaintiff seeks attorney’s fees and costs, and reputational damage, to the maximum

28 extent permitted by law and contract;

26
COMPLAINT
 1 e. Plaintiff seeks injunctive relief to prevent continuing violations of the law;

2 f. Plaintiff seeks reinstatement;

3 g. Plaintiff seeks front pay in lieu of reinstatement;

4 h. Plaintiff seeks equitable relief, including restitution, to the full extent permitted;

5 i. Plaintiff seeks interest as allowed by law;

6 j. Plaintiff seeks any further relief the Court deems just and necessary.

8
RESPECTFULLY SUBMITTED THIS ___ Day of August 2022,
9

10 LAW OFFICES OF LISA HOLDER

11

12 /s/Lisa Holder________________________
LISA HOLDER
13

14
BROWN, NERI, SMITH & KHAN LLP
15

16
_/s/Nathan M. Smith___
17 NATHAN M. SMITH
18

19

20 DEMAND FOR JURY TRIAL

21 Plaintiff demands a jury trial on all counts so triable.

22

23
RESPECTFULLY SUBMITTED THIS 22 Day of August 2022,
24
BROWN, NERI, SMITH & KHAN LLP
25

26 _/s/Nathan M. Smith___________
27 NATHAN M SMITH

28
27
COMPLAINT