Ayers v. Chiron Corp.

Filed 4/12/06 Ayers v. Chiron Corp. CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

Appellant Priscilla Ayers contends the trial court erred when it granted summary judgment against her in the lawsuit she brought against her employer, Chiron Corporation. We agree that issues of fact remain for trial as to all but one cause of action, and reverse the judgment in part.

I. FACTS AND PROCEDURAL HISTORY

Ayers was hired by Chiron in 1997, to work as a medical science liaison (MSL). The work Ayers performed as an MSL involved interacting with medical investigators on studies of Chiron's oncology drug, Proleukin, which is an interleukin drug used in the treatment of cancer. Ayers had many years of relevant prior job experience, both as a registered nurse and as a supervisor and manager of other employees. She had previously been employed by the National Cancer Institute of the National Institutes of Health, where she had participated in major research and development of interleukin drugs such as Proleukin.

In the next few years, Ayers received very favorable performance appraisals from her manager, Maurice Wolin, M.D., the vice-president of medical affairs for Chiron. She also received regular large salary increases, and she was promoted to the position of manager of medical affairs, supervising other MSL's.

That all changed at the end of 2000 or the beginning of 2001, when, after a corporate merger, Francois Lebel, M.D., became the new vice-president of medical affairs, and thus appellant's new supervisor.

Ayers is Jewish. She asked Lebel for permission to take off work on the Jewish high holidays, Rosh Hashanah and Yom Kippur, in the fall of 2001. Lebel did not want to allow Ayers to take this time off but reluctantly agreed. As a result of this episode, Lebel knew that Ayers was Jewish.[1] Ayers is also in her sixties, having been born in 1941.

In departmental staff meetings, Lebel would treat Ayers harshly, interrupt her when she tried to speak, show obvious irritation towards her, speak to her in an insulting tone, roll his eyes, and become confrontational towards her. Other employees also noticed Lebel's hostile behavior towards Ayers. Lebel did not behave this way with other non‑Jewish managers, who were also younger, such as Jill Van Dalfsen or Mimi Tom-Chu.

Lebel also resisted Ayers's efforts to meet with him and learn more specifically what he thought she should be doing differently, and he simply told her, â€