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(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.)
Plaintiff GINA SMITH (hereinafter referred to as Plaintiff ) hereby submits her opposition to Defendant HEALTHMART FOODS (hereinafter Healthmart Foods or Defendant ) motion for summary judgment and summary adjudication of issues. This opposition is based on the fact that there are triable issues of fact as to each cause of action.
MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION
This case involves an employee who was in no risk of losing her job for the first 26 months because she was doing a great job, who got pregnant, was constantly harassed about the pregnancy and fired for false reasons one day after her request for accommodation and complained of harassment without any investigation into her claims. Based on the evidence a triable issue of fact exists as to whether his firing was motivated by her complaints, accommodation requests and pregnancy and that she was harassed.
Plaintiff was considered a good employee prior to disclosing her pregnancy. Plaintiff worked for 26 months prior to disclosing her pregnancy. During that time she got 3 pay raises, multiple good reviews and praise for her good work. Also, the undisputed facts show there were no plans to fire her prior to her pregnancy and she was generally thought of as a good employee.
However, that changed after she disclosed her pregnancy. She disclosed her pregnancy in May of 2006. After that she was disciplined for talking about her pregnancy, told to quit because she is pregnant and they did not want pregnant employees, yelled at and cursed at.
In addition, she complained of the harassment and requested accommodation. She was fired the day after she complained of harassment and requested accommodation for false reasons. She acted appropriate at every step of the way and it was her supervisors who made up untrue statement about her to fire her. The same supervisors failed to investigate her claims of harassment.
Because of the timing, the comments, the false reasons for termination and the violation of its own policies a triable issue of fact remains as to whether the termination was motivated by the pregnancy/accommodation and complaints of harassment. There is other evidence, but that by itself easily creates a triable issue of fact. Also, there is ample evidence of harassment based on the conduct, the statement and the fact that they were done by her supervisors. (See Part 2 of 19.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.