Complaint for harassment/hostile work environment in violation of FEHA, discrimination in violation of FEHA, retaliation, failure to prevent harassment, discrimination, and retaliation, wrongful termination in violation of public policy, negligent hiring and supervision, and intentional infliction of emotional distress.
Sworn law enforcement officer alleged in her complaint that she was reassigned from her position involving hazardous materials when she became pregnant. The officer alleged that she did not request the reassignment, and when she returned to work after her pregnancy, she was not reassigned to the hazardous materials position. She met with Human Resources, where she was advised to ‘ask nicely’ for her former position. When that didn’t work, she filed a grievance for violation of the Family and Maternal Leave Act because she was not returned to her former position. Her grievance was granted, and she alleged she was discriminated against for having filed a grievance. She was instructed to stop carpooling with, working out with, and having lunch with the fellow officer who was her union representative during the grievance. Their work schedules were changed to prevent them from carpooling. Her complaints were deemed unfounded by Internal Affairs. She filed an action for FEHA violations of Government Code section 12940 for gender discrimination, retaliation, and failure to prevent discrimination and retaliation.
Female patrol officer alleged that she was one of six female officers in a 95 police officer force. She alleged that women were not hired, were not allowed to pass probation, were unfairly scrutinized, were written up for petty offenses for which the male officers were not written up, were not offered promotional opportunities, and were not promoted. Plaintiff had served for seven years, and was the last female to be hired and complete probation. She was replaced in a forensics position by a male officer, and was not allowed to work as a detective, use her forensic expertise, or train officers in forensics. She obtained a right to sue letter from the Department of Fair Employment and Housing, and filed an action against her employer for gender discrimination and retaliation under Government Code sections 12940 et seq.
Plaintiff was a veterinarian who worked for an animal hospital, and when hired, was a male with a female gender identity/gender expression. Over the course of plaintiff’s sixteen year tenure with the animal hospital, plaintiff gradually and more frequently revealed gender identity at work by dressing as a female, growing long hair, wearing make-up, and other expressions of dress. After work, plaintiff more fully expressed the female gender identity. A co-worker saw plaintiff after work when dressed as a woman, and the next day at work, plaintiff saw a computer background containing a monkey wearing a dress. Plaintiff learned that the gender identity was widely known at work, and plaintiff started receiving the silent treatment. Plaintiff’s supervisor told plaintiff that plaintiff could not wear female clothes or accessories. These restrictions were not placed on other women working there. Plaintiff formally changed her name and gender to match her identity. Plaintiff was treated differently, the job security was threatened, and plaintiff was ultimately terminated due to the expression of gender identity. Plaintiff filed an action for discrimination, harassment and creation of a hostile work environment, wrongful termination in violation of public policy, and failure to prevent discrimination, in violation of Government Code section 12940.