Arizona Senate staffer wins bias case
2 trial verdicts put spotlight on Hobbs’ role in firing
A federal jury on Wednesday sided with an Arizona Senate aide in a gender and race discrimination case that — over the course of two trials — has trained a spotlight on Democratic candidate for governor Katie Hobbs, who participated in the employee’s firing six years ago.
Two juries have now said that Talonya Adams, a Black woman, was discriminated against and was a victim of retaliation when she was fired from her job as a legislative policy advisor for Senate Democrats in 2015.
A previous federal jury recommended following the trial in 2019 that Adams receive $1 million, but the state’s lawyers argued for and won a new trial. That trial took place this week, and this time a jury recommended Adams receive $2.75 million — nearly three times the original amount, according to Adams.
“I am very grateful that justice has been served,” Adams told The Arizona Republic on Thursday. “I really give all glory to God, and I am deeply honored and humbled by this jury.”
Adams, who represented herself during both trials, said she hoped her two victories at trial in the 4 1⁄2 yearlong case “send a message to every other employee out there that is being paid differentially, that is being discriminated against, that is being marginalized, to stand up for themselves and to seek justice.
“I also think it is time for the State of Arizona and even Secretary Hobbs to do the right thing, to honor two unanimous jury verdicts,” Adams said.
Lawyers for the state could not be reached Thursday to answer questions about a possible appeal of the jury verdict.
Despite the size of the jury award, Adams will likely get a smaller payout because of a $300,000 cap in discrimination cases under federal law.
Adams alleged in her lawsuit that she was paid $30,000 less than her white male colleagues and that she was the only policy adviser who did not get a pay raise during her tenure, among other inequities.
Adams said in court filings that when she asked Senate leaders about the pay gap, she was fired in retaliation. Adams was out of state at the time, taking care of her son who was hospitalized after a medical emergency, according to court records.
Attorneys representing the state disputed Adams’ claims, saying she made complaints outside of the proper reporting channels, abandoned her job and never explicitly said she felt discriminated against because of her race or sex.
U.S. District Court Judge Douglas L. Rayes ordered Adams be reinstated to her job at the Senate following her first trial, and ultimately granted the state’s request that Adams go to trial for a second time because she had not raised discrimination claims to her employer.
That led to the second trial this week.
Dispute over who to blame
At the time of Adams’ firing, Hobbs, who is now secretary of state, was the minority leader in the Senate — the highest-ranking Democrat in a leadership structure dominated by Republicans.
Hobbs is not a defendant in the case but has testified at trial twice, and her role has sparked criticism from political opponents as she seeks the Governor’s Office in 2022.
On the witness stand in the 2019 trial, Hobbs confirmed the chain of command flowed through her and she supervised Adams’ boss, Senate Democratic Chief of Staff Jeff Winkler, according to a court transcript.
Hobbs said, according to the transcript, that she was part of a discussion with Winkler, former Senate Republican Chief of Staff Wendy Baldo and others in which “we all agreed that we had lost trust and confidence in Ms. Adams, and that was why that decision (to fire her) was made.” Baldo, a Republican, later testified in court that she believed Hobbs and Winkler discriminated against Adams based on her gender.
Baldo and Winkler did not return calls seeking comment on Thursday.
Hobbs apologized to Adams outside the courtroom in a 2019 statement saying she “should have been a stronger ally in this instance.”
But in a statement Thursday, Hobbs’ campaign distanced her from the decision to fire Adams.
Spokesperson Jennah Rivera said “the Republican majority chief of staff acted as her supervisor and the ultimate decision-maker regarding the termination of her employment.”
Rivera said pay disparities in the Legislature between partisan staff have continued.
“This problem is systemic, it persists today, and it needs to be fixed,” Rivera said, noting that Hobbs has “voluntarily” testified at trial twice. Court records indicate the judge ordered subpoenas be issued for Hobbs and other witnesses to testify this week, but Rivera said the subpoena was never served on Hobbs.
Criticism for Hobbs’ role
Adams criticized Hobbs’ statement, noting that Hobbs testified on behalf of the state at the first trial.
“As it relates to Katie Hobbs she’s had multiple opportunities to call out discrimination based on race and sex, she’s had multiple opportunities to support other women and women of color, even myself, and each time she’s failed.”
Hobbs’ Democratic opponents seeking the nomination for governor say her role in Adams’ firing should raise questions about her ability to lead the state.
“Equal pay for equal work is a bedrock value of the Democratic Party,” former state Rep. Aaron Lieberman, a Paradise Valley Democrat, said in a statement. “We need to have an open and honest discussion about what happened, who is accountable, and if we, as Democrats, are prepared to support a nominee for governor who behaved in this manner just a few short years ago.”
Lieberman said in the statement that the duo of jury verdicts “must call into question both Secretary Hobbs’ judgment and values.”
Marco Lopez, the former Nogales mayor and Obama administration official also vying for the Democratic nomination, said in a statement there “is no place in Arizona for hate or discrimination.”
The verdict “raises serious questions that Secretary of State Hobbs must answer and will cost taxpayers millions of dollars. As governor, I will not tolerate this type or any kind of discriminatory behavior in my administration.”