Case Summary

4511 A plaintiff who sued for hostile work environment sexual harassment, race discrimination, and retaliation, but who testified in answer to deposition questions asking whether her coworkers’ conduct was prompted by her gender or race, "No" and "I don't know," failed to establish an inference that the Fair Employment and Housing Act was violated sufficient to avoid summary judgment; she also failed to show that working conditions were sufficiently severe or pervasive to create a hostile work environment; her race discrimination claim failed because she was unable to show the employer acted with discriminatory intent and because she did not sufficiently show adverse employment action; her claim of retaliation failed because she did not experience a loss or reduction in her classification, position, salary, benefits, or work hours, and her employment was not terminated; her common law claims for assault and battery based on a physical struggle over a wheelbarrow between herself and a coemployee failed because she failed to show an intent to injure her and was therefore restricted to workers’ compensation remedies.

JONES v DEP’T OF CORRECTIONS (Wheelbarrow Scuffle) 152 CA4 1367 [See: GovC 12900 etseq; LabC 3600 etseq; Aguilar v Avis 21 C4 121, T/AT 9/99; Oncale v Sundowner 523 US 75; Torres v Parkhouse 26 C4 995, T/AT 10/01]