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Hispanic Workers Win $2.4 Million in Tempe Bias Suit

Tempe (By Jahna Berry, Arizona Republic) June 1, 2005 - One community activist who closely followed a federal court trial against Tempe wasn't surprised that a jury Thursday awarded $2.4 million to nine current and former Hispanic workers.

The workers testified that they faced years of racial discrimination while they worked for Tempe's Public Works Department.

"I think that it's a just verdict," said Cecilia Esquer, a Tempe activist.

Esquer is an attorney who was the former chief counsel for the Attorney General's Public Advocacy Division. She has been following the controversy for years and was present in the courtroom when the verdict was read.

"The suffering that these men went through can't be compensated with money," Esquer added.

The jury weighed whether Tempe discriminated against the nine workers. The plaintiffs said they were the subject of racial slurs and treated more harshly than Anglo co-workers in Public Works. Tempe attorneys said the city did not discriminate.

Retired city worker John Aguilar, who says he helped the plaintiffs voice complaints to the City Council before the lawsuit was filed, said that the verdict should be a wake up call for Tempe.

"What these people went through is still going on," said Aguilar, who worked for Tempe for 23 years, including a stint as an assistant to former City Manager Ken McDonald. "A lot of changes have been cosmetic."

Tempe Mayor Hugh Hallman said that the city has changed dramatically in recent years, in part because of city workers such as co-plaintiff Daniel Dominguez, who brought discrimination concerns to city leader's attention.

"Are we perfect? No," Hallman said.

He said that as a Tempe resident he is sorry that the nine plaintiffs were mistreated.

"There have been significant changes," Hallman said, noting that the city's most recent diversity audit indicated much progress has been made. "This organization has been investigated from top to bottom."

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