SAN BENITO — In a federal lawsuit, the San Benito Housing Authority’s former executive director is claiming Mayor Rick Guerra and board Chairman Ben Cortez fired her as a result of “discrimination and retaliation” amid a “hostile work environment.”
Yvette Nieto filed the lawsuit in U.S. District Court against Cortez, Guerra, his brother Johnny Guerra, the housing authority, the San Benito Housing Development Corporation and Community Housing Services Corporation and the city of San Benito.
On Wednesday, Guerra declined comment.
Cortez and Art Rodriguez, the housing authority’s executive director who oversees the housing development corporation and the community housing services corporation, also declined comment, adding they were unaware of the lawsuit.
At City Hall, spokesman David Favila said officials do not comment on pending litigation.
Meanwhile, Guerra’s brother, Johnny Guerra, could not be reached for comment, while Guerra said he would ask him to contact the Valley Morning Star if he chose to comment.
Lawsuit claims
In the lawsuit filed Monday, Nieto claims she “was subjected to a hostile work environment, workplace intimidation, humiliation, discrimination, retaliation and wrongful termination,” adding officials had been “discriminating against her on the basis of her gender.”
The lawsuit, which demands a jury trial, seeks “exemplary damages” including lost and future wages.
Nieto fires defendant
In her lawsuit, Nieto claims Rick Guerra appointed Cortez to the board “to find out why” she fired his brother Johnny Guerra from the housing authority.
The lawsuit states Nieto fired Johnny Guerra following her investigation into allegations of sexual harassment.
“The employee alleged to be committing the sexual harassment was Johnny Guerra,” the lawsuit states. “It was found that sexual harassment had occurred and (Nieto) fired Johnny Guerra.”
Alleged confrontations
In her lawsuit, Nieto describes an incident in which she claims Cortez “shouted” at her.
When Nieto told Cortez she could not give him former Chairwoman Rosanna Aguilera’s personal information, he “became very angry, stood up and started shouting at (Nieto) in a loud enough voice that employees in the front lobby could hear,” the lawsuit states. “In her 22 years of working, (Nieto) had never been humiliated or treated in that manner by a resident, a co-worker and especially not by a member of the board.”
In the lawsuit, Nieto describes another incident involving Cortez.
In an August 2021 executive session meeting, Cortez “raised the issue of Johnny Guerra’s termination,” the lawsuit states.
“Ben Cortez told (Nieto) ‘who do you think you are’ and that she ‘should not bite the hand that feeds (her),” it states.
Later, the board gave Nieto a written reprimand, the lawsuit states.
Termination
After about a year on the job, Nieto claims Cortez and Rick Guerra “conspired” to fire her on Sept. 29, 2021, weeks after she filed a Sept. 6 grievance claiming “hostile environment, harassment, discrimination and retaliation.”
After she was fired, the housing authority hired two men, Rodriguez and David Cortez, to fill top administrative positions, the lawsuit states.
The lawsuit states Nieto’s firing led her to withdrew her appointment as the National Association of Housing and Redevelopment Office’s first Hispanic woman to serve as its Texas president.
“At the time defendant terminated plaintiff, plaintiff had made the defendant into a high-performing agency, always had compliant audits, had always received very successful desk reviews, had managed the defendant housing authority through the pandemic, had kept the employees safe, had served and assisted the residents, had trained and mentored the staff and had improved the morale and fostered an environment of teamwork and efficiency,” the lawsuit states.
