(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/personal injury case and its proceedings.) Summary Judgment is Improper Here Because Triable Issues of Material Fact Exist and Plaintiff Has Provided Sufficient Showing Of Severe and Pervasive…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/personal injury case and its proceedings.) The California Constitution Applies to Discrimination Based on Sexual Orientation California Courts have interpreted Article I, Section 8 of the California Constitution…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/personal injury case and its proceedings.) SUMMARY JUDGMENT IS DRASTIC AND SHOULD BE USED WITH CAUTION The summary judgment procedure is a drastic measure depriving the losing party…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/personal injury case and its proceedings.) STATEMENT OF FACTS Plaintiff John White has been an employee of the CCD since 1992 when he was hired as head men’s…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/personal injury case and its proceedings.) Plaintiff’s Opposition to Defendants’ Motion for Summary Judgment MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION Defendants have failed to meet their initial burden…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/personal injury case and its proceedings.) In this case, after counsel and the court had gone over the special verdict forms, the court instructed the defendants to revise…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/sex harassment case and its proceedings.) iii. The harassment was severe and pervasive, The harassing conduct by Plaintiff’s supervisor is severe and pervasive enough to alter the terms…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/sex harassment case and its proceedings.) i. Unwanted harassment because of her pregnancy/disability: Plaintiff was subject to abusive conduct because of her pregnancy. Verbal harassment by itself can…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace discrimination/sex harassment case and its proceedings.) iii. The termination reasons are false which establishes pretext as well Pretext can be shown by showing the termination reasons are not…
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/sex discrimination case and its proceedings.) 3) Adverse action – Fired and the decision to fire her was made on June 23 – not disputed. 4) Other circumstances…