Case Summary

4408 REVIEW GRANTED Evidence that plaintiff's supervisor threatened to punch him in the mouth and made unprofessional remarks about his homosexuality, and evidence that when plaintiff complained about it the supervisor responded with a tirade and acts of physical intimidation, and evidence that when plaintiff reported this to the company human resources director, he received the first of a series of written warnings about his work, was soon afterwards told his work was deficient and given 30 days to improve, and was almost immediately placed on administrative leave and told he was being demoted, and evidence that when plaintiff informed the company human resources director that he had complained to the Department of Fair Employment and Housing the director accused him of blackmailing the employer and plaintiff was thereafter excluded from meetings, repeatedly written up for matters that other employees would not be warned about, and told that the supervisor and director were going to get him out of there were sufficient to justify a jury's conclusion that plaintiff's significantly diminished responsibilities and unwarranted probation were likely to impair a reasonable employee's job performance or prospects for advancement and threatened to derail plaintiff's career, and this was sufficient to establish adverse employment action.

JONES v THE LODGE AT TORREY PINES (Adverse Employment Action) 147 CA4 475 [See: GovC 12900 etseq; CCP 657; Yanowitz v L'Oreal 36 C4 1028, T/AT 4/03]