Lab Assistant Reaches Settlement With Quest Over Ban on Speaking Vietnamese

An Orange County, Calif., lab assistant who claimed that his boss banned him from speaking Vietnamese anytime on the job—even on breaks—has agreed to settle his employment discrimination lawsuit prior to a scheduled 2013 trial, according to ocweekly.com. Hung Trinh filed a lawsuit against Quest Diagnostics in April, claiming he suffered “constant harassment” because of his Asian race by supervisor Estela Comba. “Plaintiff believes that Ms. Comba had a problem with Vietnamese employees and specifically with him,” the lawsuit stated. “Ms. Comba would prohibit him and the other six Vietnamese employees to speak Vietnamese even when they were not on company time. Ms. Comba even prohibited the seven Vietnamese employees from speaking their language at potluck parties.” According to the lawsuit, Trinh’s complaints to the company’s human resources department resulted in an even “higher level of hostility” that culminated in him being fired for an unexcused work absence on Nov. 1, 2011, even though he had actually worked a shift that day. “[The company’s] conduct amounts to an intolerable and discriminatory working condition, amounting to wrongful discharge,” wrote Trinh lawyers Rex Sofonio and Maribe Ullrich, according to ocweekly.com. In court documents, Quest Diagnostics officials denied any wrongdoing but on Nov. 20 filed a post-mediation, joint stipulation with Trinh to dismiss the matter before a jury could hear the case. Terms of the settlement were not disclosed.