2nd trial underway after CDCR parole agent claims reverse discrimination

FRESNO, Calif. (KFSN) -- A parole agent is suing the California Department of Corrections and Rehabilitation claiming reverse discrimination after an African American got a promotion over him.

It happened six years ago, and this is the second trial where jurors will decide whether he was passed up, because he is white

During the first trial, the jury voted unanimously this parole agent suing was discriminated against. But, even so, that may not have been the main reason why he didn't get the job. But attorneys representing the Department of Corrections and Rehabilitation say there are plenty of reasons he wasn't even in the top 2.

Andrew Mounts claims he was more qualified, and experienced, than the African-American man who got the supervisor job he applied for in 2007 at the CDCR.

But attorneys representing the state say Mounts' claims are bogus and he never suffered as a result of getting passed up for that position.

"You won't hear about anyone in particular doing anything particularly harmful to him," said Deputy Attorney General Connie Broussard. "You will just hear that he was embarrassed because a black man got a promotion that he wanted."

Mounts' attorney says he has suffered and he has been stressed out for years over this case and how he is treated by his coworkers. He is still working as a parole agent and has since been promoted to a supervisor position.

"You will hear as Mr. Mounts walks down the hallway at CDCR he has been shunned. He has been labeled a racist, in part, by members of the parole agent, all six units," said Monrae English, Mounts' attorney.

The two candidates have nearly identical qualifications, but Mounts has a business degree and his competitor had a criminology degree.

The man who got the job is expected to testify about hours of studying for the interview and his wide ranging experience.

During opening statements, CDCR attorneys say Mounts' supervisors described him as a hot head who was arrogant and not ready for that leadership position at that time. But Mounts' attorney says the state was using race as a specific qualification and that's why he was not selected.

The appellate court decided this case should be retried because it was a mixed verdict and he may be entitled to some type of settlement.

Testimony will begin Tuesday morning.