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CourtListener is a project of Free Law Projecta federally-recognized c 3 non-profit. We rely on donations for our financial security. Your Notes edit none. Authorities 12 This opinion cites: North Carolina, U. Department of Social Services, 57 Cal. Please support our work with a donation. This opinion has not been certified for publication or ordered published for purposes of rule 8.

Paul Kujawsky, for Plaintiff and Appellant. Zinn and Nima Shivayi, for Defendants and Respondents. We conclude Valdivia failed to raise a triable issue of material fact with respect to any of the seven causes of action that are at issue on appeal. Therefore, the judgment is affirmed. Beginning in MayValdivia sent Connors hundreds of emails. She also sent him text messages. By Octobershe Prostitute in Bamian was calling him.

She drove near his home in the Santa Clarita area one day after work; her office Slut in Valdivia in Chatsworth and she lived in Redlands. Connors tried to distance himself from Valdivia, which she acknowledged.

I called you Friday but of course you never answer Slut in Valdivia calls. While Valdivia was in there, Gellinck, her supervisor, directed her to leave Connors alone as Connors had nothing to do with her department. According to Valdivia, Gellinck yelled at her. I need to tell you something. On March 4,Valdivia emailed Connors 15 times. On March 21,Valdivia invited Connors to write her Fuck finder in Berlin her personal email address.

InValdivia and four other employees filed an internal ethics complaint against a trainer, MaryAnn Henson. Valdivia stated that one day during computer training, Henson slapped her hand away from the mouse.

SCG investigated and found no wrongdoing. On March 20,Valdivia made another call to the ethics help line. The Slut in Valdivia report concluded: Slut in Valdivia has a record of attendance issues and Gellinck is taking appropriate steps to correct those issues with her and the entire department. She also drops by his office without invitation and stays even though he is busy.

He is bothered by this and wants it to stop. Connors had previously told Gellinck about this. On [February 25] Gellinck saw her in his office and told her to leave. The emails have continued. He told Hammer about this and he was beginning to feel stalked by Valdivia. Connors will send Valdivia clear directions to stop emails, phone calls, and texting him immediately. Should she continue, he will notify HRA.

HRA will contact Security. He moved to Valencia Slut in Valdivia 5, Do not e-mail, text, or phone me any longer. Although on March 29,Connors unequivocally requested that Valdivia cease contacting him, Valdivia admittedly continued to contact him by email, text message, phone call, and Facebook.

Please, I know you sent me that email about never contacting [you]. I just had to. On April 8,Valdivia was called to an investigatory interview. The Slut in Valdivia of the interview Slut in Valdivia that when asked, Valdivia repeatedly denied that anyone had directed her not to contact Connors.

On Slut in Valdivia 20,Valdivia again called Connors. Can you get me a witness? Valdivia was told, both in the call and in the letter, not to contact Connors. In early MayValdivia was evaluated by Dr. In his report, Dr. He recommended weekly Slut in Valdivia psychotherapy. Guthrie cleared Valdivia to return to work in late and SCG restored Valdivia to her former position in early Following extensive briefing and oral argument, the trial court granted the summary judgment motion in its entirety.

Standard of appellate review. Arce 58 Cal. We review for abuse of Slut in Valdivia any evidentiary ruling made in connection with the motion. Regents of University of California Cal. No triable issue with respect to first cause of action for retaliation in violation of FEHA.

In moving for summary judgment, SCG contended Valdivia could not establish a prima facie case of retaliation under FEHA because she did not engage in protected activity -- her three internal complaints one in and two in March did not complain of any conduct prohibited by FEHA. Rather, in those three complaints, Valdivia merely complained of generalized poor treatment, such as undue behavior by a trainer and a bias in favor of management.

Yanowitz, supra, 36 Cal. However, defendants Hammer and Gellinck Romantic cute girl in Pasto testified they were unaware that Valdivia had made a complaint of sexual harassment, as did human resources manager Leslie Edmonds and David Sullivan, who handled ethics complaints for SCG. Thus, Valdivia lacked evidence of a causal connection between her protected whistleblowing activity and the Slut in Valdivia adverse action by the employer, i.

That same day, Valdivia emailed Connors yet again. Clearly, Valdivia was insubordinate to her supervisor. As a consequence, SCG reasonably required Valdivia to undergo a fitness for duty evaluation, and based on the results of the evaluation, reasonably placed her on leave while she obtained psychotherapeutic treatment.

The record supports the conclusion that SCG proffered legitimate, nonretaliatory reasons for the adverse employment actions of which Valdivia has complained. We conclude Valdivia failed to raise a triable issue Slut in Valdivia respect to the first cause of action for retaliation.

Valdivia contends there are triable issues of fact as to whether the fitness for duty evaluation was job related and consistent with business necessity. The argument is unavailing. A Slut in Valdivia psychological examination can satisfy the business necessity standard, even if the employee is not engaged in dangerous work. City of Yakima 9th Cir. City of Miami Beach 11th Cir. Here, however, there is no basis to infer that SCG was engaged in a fishing expedition or that the Slut in Valdivia for duty examination was intended to harass Valdivia.

Valdivia contends she raised triable issues of fact in the third cause of action which alleged a failure to accommodate her disability in accordance with FEHA. City of Santa Monica 56 Cal. SCG made no showing that a reasonable accommodation was offered and refused, or that there was no vacant position within the company to which she could have been reassigned.

Instead, SCG forced Valdivia to undergo a fitness for duty examination, compelled her to take a leave of absence and required her to see a therapist. What SCG did know is that Valdivia had had some mental health issues in the past, and that Slut in Valdivia was manifesting inappropriate conduct, particularly with respect to Connors.

Based thereon, SCG prudently Slut in Valdivia Valdivia to undergo a fitness for duty examination, put her on leave while she underwent psychotherapy, and kept her job open for nearly two years, until she was cleared to return to work. Therefore, transferring Valdivia to another office would have done nothing to solve the problem.

Here, the only accommodation that could have been provided was the one which SCG did provide -- it held her position open for nearly two years, and restored her to her position once she was medically cleared to return to work. We conclude no triable issue exists with respect to the failure to accommodate claim. No triable issue with respect to fourth cause of action for gender discrimination. Specifically, Plaintiff was subject to disparate treatment by Defendants in the terms and conditions of her employment, including writing up Slut in Valdivia, suspending her, and forcing Plaintiff to see a psychologist.

As with retaliation claims, a three-stage burden shifting analysis is applied to discrimination claims. The plaintiff bears the initial burden to establish a prima facie case Liquidating business definition discrimination.

Generally, to establish a prima facie case of discrimination, the plaintiff must provide evidence that 1 she was a member of a protected class, 2 she was qualified for the position she sought or was performing competently in the position she held, 3 she suffered an adverse employment action, such as termination, demotion, or denial of an available job, and 4 some other circumstance suggests discriminatory motive.

Guz, supra, 24 Cal. The burden then shifts to the employer Slut in Valdivia rebut the presumption by producing admissible evidence that its adverse employment action was taken for a legitimate, nondiscriminatory reason.

As already discussed, Valdivia persisted in seeking interactions with Connors, even though Connors asked her Slut in Valdivia cease and desist, and even though Gellinck expressly directed Valdivia to leave Connors alone.

As noted, Valdivia had sent Connors hundreds of Slut in Valdivia and he had specifically asked her to stop communicating with him. The mere fact Connors had male friends who were permitted to email him does not begin to show a case of disparate treatment by SCG. Leaving aside whether Valdivia made out a prima facie case, SCG had legitimate, non-discriminatory reasons for its actions, Slut in Valdivia already discussed.

Her pattern of inappropriate behavior led to the fitness Slut in Valdivia duty examination and the ensuing period of administrative leave.

No triable issue as to pretext. As discussed earlier, Valdivia failed to show there was anything implausible about the measures SCG took to address her inappropriate behavior.

In sum, Valdivia failed to raise a triable issue with respect to the FEHA gender discrimination claim asserted in the fourth cause of action.

Civil Code section

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