Lawsuit accuses KCSOS of harassment, discrimination, and retaliation

January 23, 2025 /

On January 14, Candace Neal filed a lawsuit through her attorneys at CollinsKim LLP against the Kern County Superintendent of Schools (KCSOS), alleging a workplace culture of harassment, discrimination, and retaliation. The lawsuit names KCSOS, Schools Legal Services, Superintendent John Mendiburu, and other unnamed individuals as defendants.

The 21-page complaint details allegations of racial and gender-based discrimination, as well as retaliation after Neal reported workplace misconduct. It accuses the defendants of failing to take adequate steps to prevent or address these violations, including whistleblower retaliation under California labor laws.

Neal, an African American woman, was hired in March 2020 as a Senior Associate Counsel for Schools Legal Services (SLS) in its Business and Construction Department. About five months into her job, SLS General Counsel Grant Herndon assigned her additional responsibilities as Director of the Developer Fee JPA, a role in which she advised school districts on compliance issues.

She was the first full-time African American attorney in the 50-year history of SLS, the first female attorney in the Business and Construction Department, and the first African American and female Director of the Developer Fee JPA.

Allegations of Retaliation and Demotion

The complaint states that Defendant John Mendiburu was appointed interim Kern County Superintendent on July 1, 2023. Although he was not Neal’s supervisor and had no direct authority over her employment, Neal alleges that once he took over, he began targeting her with “a harassing pattern of different treatment because of her race and/or gender.”

According to the lawsuit, during a February 2, 2024, meeting with Mendiburu and others, Neal raised concerns about being singled out and treated differently than her non-Black and male colleagues. The complaint states that Mendiburu responded with hostility, yelling at her, mocking her, calling her “entitled,” and threatening to strip her of her Director responsibilities.

“In response, Neal pointed out to Mendiburu that his threat of demotion, immediately following her complaint of different treatment, would be an adverse employment action,” the complaint states. “Mendiburu only became angrier and his responses more cynical. He then made good on his threat and demoted Neal, unilaterally announcing that she was no longer the Director of the Developer Fee JPA.”

During this meeting, Neal noted that she was being treated differently than her white male predecessor, Chris Burger. In response, Meniburu scolded Neal and told her that she was not the Director and never would be, despite her being appointmented by Herdon.

Mendiburu also told Neal that whatever arrangement Burger had was immaterial and not determinative of how Neal would be treated in the same role. 

“In other words, Neal would be treated less favorably than the white man who previously held the same position,” the complaint states. 

Emotional and Physical Toll

The complaint also reveals that the February meeting was so distressing for Neal that just over a week later, she experienced a devastating miscarriage. Furthermore, Neal has been stigmatized, isolated from the workplace, and has suffered extreme anxiety, embarrassment, and despair — leaving her unable to return to the hostile work environment that is not safe for Black women. 

“To be blunt, the Superintendent’s conduct is outrageous. And he has not been held accountable for that as far as we know,” stated Dawn Collins, the attorney for Candace Neal. 

The complaint revealed that on February 5, 2024, Neal met with Cherie Payne, the Assistant Superintendent of KCSOS for Human Resources, who decided to hire a third-party investigator to conduct an investigation into Neal’s complaint about being treated differently. Neal was then placed on administrative leave as a protective measure since her complaints had not been addressed. 


The investigation didn’t come to completion until December 2024 and Neal was provided a final report in January 2025. During this timeframe, while Neal was on leave, Mendiburu and the other Defendants continued to work with impunity. 

Legal Action and Seeking Justice

Neal’s lawsuit argues that the defendants neglected their legal responsibility to maintain a workplace free from harassment and discrimination, as mandated by state law. She has invoked her constitutional and statutory rights to a jury trial, seeking a thorough examination of the claims in court.

The lawsuit demands compensatory and punitive damages and other remedies for the harm Neal allegedly suffered. “No individual should face discrimination or retaliation for standing up against injustice,” her legal team stated.

According to the complaint, Neal has suffered general damages including suffering, anguish, fright, nervousness, grief, anxiety, depression, worry, shock, humiliation, embarrassment, and physical and personal injuries due to the Defendants’ wrongful conduct. 

“So the question is, is this how KCSOS treats all employees who raise legitimate workplace concerns? Or is it just how they treated Ms. Neal?” Collins questioned. 

When asked about the lawsuit, KCSOS Spokesman Robert Meszaros commented, “CSOS has always been deeply committed to creating and maintaining an inclusive, supportive, and equitable environment for all employees. We acknowledge a recent legal claim alleging discrimination and take such matters very seriously, as they directly challenge one of our core values: recognizing employees as our most valuable asset. While we cannot comment further on ongoing legal proceedings, we are confident that a thorough and objective review of the facts will confirm the claims are without merit.”

Victoria Rodgers

Victoria Rodgers is an editor and reporter for Kern Sol News. Born in Bakersfield, CA, she received her Bachelor of Arts in English from Rockford University in Illinois. She can be reached at victoria@southkernsol.org.