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Culbreath v. Department of Water Resources3/20/2002
filler and throw it at Culbreath. According to Culbreath, filler's sharp edges could injure a person.
Culbreath also believed someone sabotaged her heat gun, causing sparks to shoot out. The same day, someone disabled her electric cart by pulling off a wire. On another occasion, Gibson intentionally hit Culbreath's foot and leg with a trash bag he was carrying. Two days later, Gibson purposely knocked Culbreath's hard hat off its perch. The next day, Culbreath and other team members moved empty coil boxes. Gibson began to push his end too fast, driving Culbreath into the corner of a table.
I. Disbanding of the Rewind Team
In 1996 and 1997 personnel and administrative matters prompted concerns regarding the rewind program. Management received complaints from rewind crew members concerning personal conflicts that interfered with the work of the crew. In order to evaluate whether the rewind team continued to be a feasible means of accomplishing rewind maintenance work, management formed the rewind work review committee (Committee). The Committee identified problem areas, evaluated the overall program, and made recommendations. During the Committee's tenure, rewind team members were assigned to work in their resident field division and were not assigned rewind jobs. The crew was not disbanded.
The Committee evaluated the cost of contracting out the rewind work to the private sector and found that using the rewind team was significantly more cost effective, providing savings of approximately $1,000,000 to $2,300,000 per year. The Committee recommended continuation of the rewind program, using the rewind crew concept with several management and organizational modifications. Among the changes was a requirement that team members attend team-building classes provided by an outside contractor.
All rewind team members, including Culbreath, received a copy of the Committee's report and notice that the rewind crew would be starting up again. A team-building class was scheduled for October 8, 1998. On that date, Culbreath notified the Division that she did not wish to continue with the rewind team.
According to Culbreath, the rewind crew was disbanded. "They did not do more rewind work as a team. Ms. Culbreath has heard that some of the former rewind team members are doing rewind work, but she had not done any, nor been asked to do any rewind work." Culbreath was told the rewind team might be reactivated "`on a trial basis'" and management inquired whether she would be interested. Culbreath was not told of the scheduled team-building meeting until October 1, 1998, one week before the team-building meeting.
J. Denial of Promotion
In March 1997 Culbreath applied for a promotion to E and M test technician II. Following an oral interview, Culbreath was informed she had not passed and would not be selected for promotion.
K. Culbreath's Complaint
In June 1996 Culbreath contacted an EEO investigator and inquired about filing a complaint. The investigator told Culbreath that retaliation was not covered by the EEO, and she needed to be in a protected classification to proceed with a discrimination complaint. The investigator did not refuse to take a complaint.
On October 3, 1996, Culbreath filed a complaint with the DFEH alleging retaliation. In November 1997 Culbreath filed her complaint in the present action. The complaint alleged the Department retaliated against her for opposing discriminatory practices against Sanchez, and the Department failed to take all reasonable steps to prevent discrimination and harassment from occurring in violation of Government Code section 12940, subdivision
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