(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 Harassment and Discrimination Based on Perceived Sexual Orientation, Creed, and Affiliation With African- Americans
Even if Defendants’ evidence is deemed admissible and they are able to meet their initial burden of proof, triable issues of disputed material facts exist which preclude Defendants from successfully moving for summary judgment.
To preclude summary judgment, all the opposing party has to do is successfully introduce enough evidence to show the existence of even a single triable issue of material fact. Plaintiff has accomplished this. As Plaintiff’s Separate Statement of Undisputed and Disputed Material Facts shows, sufficient disputed facts exist to support Plaintiff’s causes of action.
Plaintiff has provided facts, and will produce further evidence at trial, showing that Defendant Green initiated an ongoing and pervasive harassment campaign against Plaintiff based on Defendant Green’s perception that Plaintiff was homosexual. Plaintiff will also demonstrate Defendant Green was biased against Plaintiff because Plaintiff is Jewish and because of Plaintiff’s affiliation with African-Americans. (See Part 6 of 7.)