Former ACLU employee sues organization for violating core values of 'diversity' it espouses, lawsuit alleges

ACLU executives retaliated against the plaintiff, lawsuit alleges

by Jamie Joseph, Fox News, September 18, 2023

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A former American Civil Liberties Union (ACLU) employee of more than two decades is suing the organization and four of its senior executives for violating the same core values it espouses, claiming they "were not only ignored but violated."

Monica Espitia, an immigrant from Colombia, sued ACLU-Hawaii this month in a 25-page suit in the Oahu Circuit Court for an alleged "pattern of discriminatory and retaliatory conducted based on race and sex" that ultimately led to her termination. 

"In practice, however, while Plaintiff was asked to publicly hold government officials accountable to one standard regarding implicit bias, inequitable treatment, and free speech, she was required to remain silent and accept the opposite standard regarding these matters at the workplace of the ACLU-HI," the lawsuit states. 

Espitia has been employed by several ACLU branches since 2005. In 2019, she was hired by ACLU-HI as the smart justice campaign director, which focuses on reducing mass incarceration by 50% "while addressing racial bias throughout the criminal justice system."

In a series of events between 2019 and 2022, the complaint alleges that one of the defendants, Josh Wisch – a White individual – accused Espitia of discriminating against White men in a hiring decision for a position in 2019 when Espitia ultimately chose a Native Hawaiian woman with extensive organizing experience who was more qualified and was personally affected by incarceration. There was one White candidate among four finalists, while the other three were people of color.

A former American Civil Liberties Union employee sued the organization and four of its senior executives for violating the same core values it espouses, claiming they "were not only ignored but violated." (Karen Bleier/Staff)

The lawsuit alleges Wisch attempted to redirect funds from Espitia's campaign budget of $50,000 in January 2020, originally designated to highlight incarcerated individuals through a grant proposal to the national ACLU. Instead, the lawsuit claims he sought to use it to extend the contract of a Harvard graduate not impacted by incarceration.

In June 2020, Espitia had a meeting with Wisch where he expressed a loss of trust in her after she expressed concerns during a diversity, equity and inclusion (DEI) training about unfair treatment in the office, the lawsuit states. Wisch allegedly suggested that her position at ACLU-Hawaii might be in jeopardy due to her internal advocacy.

Despite her efforts, according to the lawsuit, Wisch continued to ignore her until she sought assistance from the national ACLU in January 2021. Wisch declined to participate in mediation facilitated by national ACLU staff and instead hired his own DEI consultant.

Diversity, equity and inclusion agendas have frequently been enmeshed with concepts from critical race theory in education. (Adobe Stock)

In a mediated conversation in April 2021, Wisch acknowledged that he had a so-called "affinity bias," which the lawsuit describes as an unconscious inclination to favor people similar to oneself.

In another instance, the lawsuit alleges another defendant – Ryan Leong – instructed Espitia to manually calculate interns' time sheets, even though this created extra and unnecessary work for her. 

"Defendant Leong raised his voice and cursed at Plaintiff regarding this matter angrily stating his expertise and authority should not be questioned," the lawsuit states.

Also in February 2022, Tracey Tokuoka, the ACLU-HI operations director, remarked that Espitia's mannerisms were "spicy," which the lawsuit states is a stereotype used to describe Latinas.

That same month, Epitia discovered Leong was plotting to turn other directors against her, the lawsuit states, causing "extreme emotional distress." This information, unbeknownst to Espitia, was relayed to the board by the consultant, who had been hired by Wisch. 

An ACLU-Hawaii investigation was initiated, but Wisch resigned in April 2022 before its conclusion. Leong was then appointed interim executive director while allegations against him were ongoing.  In both February and September 2022, Espitia reached out to the national ACLU for assistance, but the lawsuit claims she did not receive a response. 

On Sept. 23, 2022, Espitia filed a complaint with the Hawaii Civil Rights Commission and notified the defendants. She was terminated in November that year based on a "conflicted and retaliatory investigation and report" by Leong.

Fox News Digital has reached out to the ACLU for comment but did not receive a response by time of publication.

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Former ACLU employee sues organization over alleged racism, sexism

by Brady Knox, Washington Examiner, September 18, 2023

A former employee of the American Civil Liberties Union is suing the organization over alleged discrimination based on race and sex.

Monica Espitia, a woman from Colombia who emigrated to the United States, sued ACLU Hawaii this month, alleging a “pattern of discriminatory and retaliatory conducted based on race and sex,” which culminated in her firing. The 25-page lawsuit, obtained by Fox News, alleged a violation of the organization’s own code of conduct around diversity.

“In practice, however, while Plaintiff was asked to publicly hold government officials accountable to one standard regarding implicit bias, inequitable treatment, and free speech, she was required to remain silent and accept the opposite standard regarding these matters at the workplace of the ACLU-HI,” the filing stated.

Espitia worked for several different ACLU branches starting in 2005. She was hired by the organization’s Hawaii branch in 2019 as the smart justice campaign director, a position that focuses on halving incarceration and addressing alleged racial bias in the justice system.

The lawsuit alleges that Josh Wisch, a white man, accused Espitia of discriminating against white men when she chose a Native Hawaiian woman for a position over him. It also accused Wisch of redirecting funds from Espitia’s campaign budget to a cause unrelated to incarceration, then expressing a loss of confidence in Espitia’s leadership in a June 2020 diversity, equity, and inclusion meeting. A feud between the two ensued for another year, with the organization attempting mediation.

The lawsuit also alleges mistreatment on the part of Ryan Leong, who is a native Hawaiian. It alleges that Leong made Espitia perform unnecessary, tedious work and reacted by angrily cursing at her when questioned.

Soon after, it alleges that Leong turned other directors at ACLU Hawaii against Espitia, leading to her filing a complaint with the Hawaii Civil Rights Commission. She was fired one month later due to a “conflicted and retaliatory investigation and report” by Leong.

Espitia said that she reached out to the national ACLU twice during her last year at the organization but didn’t receive a response.

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SA: Former employee alleges discrimination by ACLU Hawaii | Honolulu Star-Advertiser -- “In February 2022 Tracey Tokuoka, ACLU-Hawaii operations director, allegedly called Espitia’s mannerisms ‘spicy’ …”