(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this employment discrimination/personal injury case and its proceedings.)
Further, Defendant’s argument that Plaintiff has no legal protection for reporting illegal practices because such reporting was an essential part of her job duties turns logic and law upside down. If Defendant’s position were accepted, it would mean that the very employee charged with reporting illegal activity would have no incentive to make a report because the employee would not be protected from retaliation for reporting the illegal conduct.
Fortunately, and not surprisingly, California law does not abandon those employees most in need of legal protection, i.e., those who by virtue of their position must report illegal activity. See e.g. Green v. Ralee Eng. Co. (1998) 19 Cal.4th 66, 79 (public policy termination claim properly stated by quality control inspector who complained about unsafe conditions on airplane despite that the quality control inspector, like Plaintiff here, was simply doing his job); Flait v. North American Watch Corp. (1992) 3 Cal.App.4th 467, 477 (supervisor who objects to and tries to stop sexual harassment of another employee entitled to protection from retaliation despite that supervisor had an obligation to make the report as part of basic supervisorial duties).
DISPARATE TREATMENT CLAIM
Although discovery has not been pursued with regard to this claim, Ms. Church contends that David Black (her quasi-supervisor for a period of time because her direct supervisor rarely came to work) and Mary Smith, her second-level supervisor, treated her differently than males in comparable positions.