 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
McClung v. Employment Development Department11/14/2003
CERTIFIED FOR PUBLICATION
Plaintiff Lesli Ann McClung (McClung) worked as an auditor for defendant Employment Development Department (EDD) in Sacramento. On a trip to San Diego to conduct an audit, another EDD auditor, defendant Manuel Lopez (Lopez), made sexual remarks to her and groped her thigh. McClung sued EDD and Lopez, alleging claims of hostile work environment and failure to remedy a hostile work environment under the Fair Employment and Housing Act (Gov. Code, ยง 12900 et seq. ) (FEHA), as well as a common law claim for intentional infliction of emotional distress. The trial court granted summary judgment for defendants.
We shall affirm the judgment for EDD, but shall reverse the judgment for Lopez.
I. FACTUAL AND PROCEDURAL BACKGROUND
A. EDD auditors and EDD organization
McClung and Lopez were co-workers in the EDD division that audits departmental programs -- such as the program that distributes unemployment insurance -- to verify compliance with federal and state requirements and to identify opportunities for improvement. They had the same job classification, associate management auditor.
EDD auditors work in units managed by an administrative supervisor. The units are organized into sections supervised by a section chief. Above sections are divisions under a division chief, and above divisions are branches headed by a branch chief. Thus, McClung and Lopez worked in a unit of an audit section within the Audit and Evaluation Division of the Program Review Branch.
EDD auditors work on auditing "projects." When a project arises, the Audit and Evaluation Division chief consults with the section chiefs regarding the nature of the project, its complexity and duration, and the number of staff required. The section chiefs in turn consult with the administrative supervisors. Management decides what staff auditors will be assigned to the project. An audit plan is developed for each project. Some audits require extended travel outside Sacramento.
Each project has a project supervisor, who directs and manages the auditing project and supervises the auditing team. EDD auditors therefore have two supervisors, an administrative supervisor who manages their unit and a project supervisor who supervises the particular project they are working on (though both roles can be filled by the same supervisor).
B. Lunch invitations
Lopez's interaction with McClung began with two lunch invitations. In September 1996, Lopez invited McClung out to lunch on an upcoming Friday. She initially accepted but cancelled on the appointed day, because she felt Lopez was making too much of the occasion. Lopez appeared to McClung to be angry at the rejection.
A couple of weeks later, in early October 1996, Lopez suggested lunch in advance of another Friday. McClung's response was equivocal, but, growing nervous that Lopez would ask her again, she sent him an e-mail on October 18, 1996: "Manny - I need to be honest with you. I'm sure you didn't mean to, but your lunch invitations have made me really uncomfortable. It appears that I upset you when I turn them down, and so I would prefer that you not ask me again. I do not wish to be unfriendly to you, but as with any colleagues, I would prefer to keep a professional, business-only relationship. I enjoy your office friendship and don't want this misunderstanding to interfere. Thanks."
McClung copied the message to her project supervisor, Marilyn Pruitt (Pruitt), and also to either her administrative supervisor, Paul Yee, or her section chief, Forrest Boomer. Lopez sent a return message: "It's okay. Don't lose sleep over it." The fo
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 California Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|