Significant Cases

David Molinari, Isis Miranda and Joseph Suarez Obtained Summary Adjudication

The plaintiff alleged he was discriminated against based on his age and further was subjected to sexual harassment.  He argued he was wrongfully terminated and filed a complaint for age discrimination in violation of FEHA,…

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The plaintiff alleged he was discriminated against based on his age and further was subjected to sexual harassment.  He argued he was wrongfully terminated and filed a complaint for age discrimination in violation of FEHA, wrongful termination in violation of public policy, sexual harassment in violation of FEHA, retaliation in violation of FEHA and failure to prevent discrimination and harassment.  In granting Summary Adjudication against these claims the court found there was competent evidence showing management’s decision to terminate the plaintiff was based on non-discriminatory reasons.  Since the employer established legitimate non-retaliatory reasons for its action, the burden shifted to the plaintiff to show the reasons were a pretext; which Plaintiff was unable to overcome. As to the sexual harassment, the plaintiff failed to present evidence that the harassment was severe, pervasive, altered conditions of his employment or created an abusive work environment.

Darren James v. Bausch and Stroebel Machine Company

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