Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment case and its proceedings.)
Plaintiff Gina Smith’s Opposition to Defendants’ Demurrer to Complaint. This Opposition is based on the accompanying Memorandum of Points and Authorities, the pleadings and records on file herein and upon such other documentary and oral evidence as may be presented at the hearing.
MEMORANDUM OF POINTS & AUTHORITIES
INTRODUCTION
Plaintiff Gina Smith ( Plaintiff ) was employed by Defendants as a Sales Associate at a Sacramento company. Plaintiff worked for Defendants from August 2005 to March 2007. While working for Defendants, Defendants subjected Plaintiff to a hostile work environment based on sex. Defendant Mr. Jones regularly made unwelcome, inappropriate comments and or/suggestive non-verbal signals to Plaintiff. Examples of this include but are not limited to the following:
a. telling PLAINTIFF that she was hired because she was good looking;
b. telling PLAINTIFF to go outside the store and bend over in order to attract more customers;
c. threatening to spank PLAINTIFF;
d. telling PLAINTIFF that he refused to hire male employees;
e. constantly cursing at PLAINTIFF;
f. constantly staring at PLAINTIFF’S breasts;
g. telling PLAINTIFF that her boobs are nice and firm ;
h. asking PLAINTIFF to show more cleavage at work by lowering her shirts;
I. asking PLAINTIFF how her breasts looked;
j. commenting on how nice PLAINTIFF’S manicures and pedicures were;
k. hugging and kissing PLAINTIFF;
l. constantly rubbing PLAINTIFF’S shoulders.
Plaintiff has further alleged that she was wrongfully terminated by Defendants on or about March 22, 2007, due to her sex, her failure to submit to the sexual harassment, and/or in retaliation for requesting to be paid for overtime. (Id.)
Plaintiff has brought the following causes of action against Defendants: 1, Violation of Government Code § 12900, et Seq. [Harassment Based on Sex]; 2. Violation of Government Code § 12900, et Seq. [Discrimination Based on Sex]; 3. Violation of Government Code §12900, et Seq. [Retaliation]; 4. Violation of Government Code §12940(k) [Failure to Prevent Harassment and Discrimination]; 5. Wrongful Termination in Violation of Government Code § 12900, et Se.; 6. Wrongful Termination in Violation of Public Policy; 7. Intentional Infliction of Emotional Distress; 8. Violations of Labor Code §§510 and 1194 et Seq.; 9. Violations of Labor Code §§226.7 and 512; 10. Violations of Labor Code §§201, 203, et Seq.; 11. Violation of Business & Professions Code § 17200, et Seq. As will be shown below, the demurrer is legally without merit and must be overruled in its entirety. (See Part 2 of 7.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.