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Heckard v. Sears Roebuck and Co.11/17/2005
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Plaintiff and appellant Demetrius Heckard appeals the summary judgment entered in favor of his former employer, Sears, Roebuck and Company, and his supervisor, Marilyn Johnson, in his lawsuit for employment discrimination. Appellant contends that the trial court erred in failing "to acknowledge the concept of 'Discrimination by Association,' the failure of Defendants to acknowledge and/or investigate one single discrimination complaint during a five (5) year period, and that Appellant Heckard had the right to work in an environment free from racial hostility." We find no error in the trial court's ruling, and so affirm the judgment.
FACTUAL AND PROCEDURAL HISTORY
Appellant had worked for Sears for 13 years, most recently as a sales manager at the Carson Customer Care Unit, when he resigned in 2003. Sometime in the first half of 2002, appellant told Jeff Sales in the Human Resources Department "that there were instances of reverse discrimination (Black managers discriminating against Caucasian sales representatives) at the Carson Customer Care Unit." Appellant was chastised by his supervisor, respondent Marilyn Johnson, for making this report. Thereafter, on June 11, 2002, appellant received a semi-annual performance review for the first half of 2002. In this review, appellant received an Overall Rating on Results of 3 out of a total possible of 5 and an Overall Rating on Leadership Principles of 3 out of a total possible of 5. In the scale used by Sears in its performance reviews, a grade of 3 indicates than an employee "consistently meets expectations."
In February 2003, appellant received a performance review for 2002. In this review, appellant received an Overall Rating on Results of 2 out of 5 and an Overall Rating on Leadership Principles of 3 out of 5. A grade of 2 indicates that an employee has met some expectations. As a result of this generally favorable review, respondent Johnson awarded appellant a 1.99 percent pay raise.
In 2003, sales representative Linda Beaubier, a Caucasian woman, complained to appellant that she was the victim of reverse racial discrimination, in that Sears supervisors favored African American employees over her. In response to this complaint, appellant decided to move Ms. Beaubier from one team to another, to address her concerns. Supervisor Johnson chastised appellant for moving Ms. Beaubier, and told him that he was going to "get into trouble" for responding to Ms. Beaubier's racial discrimination complaints.
In the spring of 2003, appellant took a medical leave of absence. Upon his return, appellant found it "intolerable" that regularly-scheduled meetings had been held in his absence and that he "wasn't included" on certain unspecified changes that were made.
Appellant was originally scheduled to return to work from his leave on May 19, 2003. On May 15, appellant obtained an extension of his leave to May 25, 2003. He did not, however, advise Johnson of this extension, as he had been instructed to do. Johnson suspended appellant for his failure to advise her of the extension of his leave of absence. Subsequently, the suspension was rescinded and removed from appellant's personnel file. Appellant did not suffer any loss of wages, income or other benefits as a result of this miscommunication and suspension.
In April 2003, appellant
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