California prison counselor sues CDCR, alleging discrimination and whisteblower retaliation

A corrections counselor at Pelican Bay State Prison in Crescent City is suing the California Department of Corrections and Rehabilitation for interest on back pay that was seized in what he described as whistleblower retaliation in response to him complaining of discrimination.

Joshua Kuzmicz has worked at Pelican Bay since March 2001, and for the last five years has worked as a counselor at the prison.

According to the complaint, Kuzmicz applied five times for a supervisor position.

“Although Mr. Kuzmicz was very qualified for this position, given he had the experience, had actually done the job, and his interviews had gone well, he was never promoted. He believed the only explanation for not being promoted, over and over again, was discrimination. Specifically, Mr. Kuzmicz believed he was the victim of discrimination based on his national origin, ancestry and/or race,” according to the complaint.

CDCR spokeswoman Mary Xjimenez told The Bee that the department does not comment on pending litigation.

In January of 2022, Kuzmicz said he submitted a complaint to the prison, alleging discrimination. A month later, he complained to what is now called the Civil Rights Department of California.

In June of 2022, he complained to the Equal Employment Opportunity Commission. Finally, that July, he complained to the Office of Internal Affairs for what he believed to be illegal conduct by an associate warden at the prison.

In March of 2023, Kuzmicz was notified by CDCR that he was under investigation, according to the complaint, “for inexcusable neglect of duty, discourteous treatment of the public or other employees, willful disobedience and other failure of good behavior.”

The allegations included that Kuzmicz allegedly obtained confidential promotion hiring material and had accosted a corrections counselor supervisor.

Kuzmicz denied the allegations, which his complaint described as “fabricated and completely untrue and were meant to vex, annoy, injure and retaliate against him” because he had made complaints of discrimination.

According to the complaint, Kuzmicz was never interviewed for the investigation or given a chance to defend himself.

In May of 2023, CDCR served Kuzmicz with a notice of adverse action and fined him 10% of his pay for a period of two years.

“In Mr. Kuzmicz’s over 20 year career with the CDCR, he had never been disciplined for any reason,” according to Kuzmicz’s complaint.

Kuzmicz appealed to the State Personnel Board and in March, an administrative law judge sided with him, dismissing the charges and ordering CDCR to reimburse Kuzmicz for all back pay, benefits and interest.

“As of the filing of this complaint, the retaliation towards Mr. Kuzmicz is ongoing because (CDCR) has refused to pay him the interest on the back pay, and benefits, which had been improperly withheld from him, as ordered by the administrative law judge and the State Personnel Board,” according to the complaint.