Hammond v. Los AngelesCounty
Plaintiff sued her employer defendant and respondent County of Los Angeles (County),alleging five causes of action for various violations of the Fair Employment and Housing Act (FEHA).[1] Plaintiff also sued her supervisor, Betty Brennan (Brennan), alleging two causes of action for racial harassment and retaliation in violation of FEHA. The County and Brennan successfully moved the trial court for an order granting summary judgment.
Court hold that plaintiff has raised triable issues of fact with respect to her claims for race discrimination, harassment based on race, and retaliation; that her second cause of action against Brennan for harassment is not barred under Government Code section 820.2; that her third cause of action under section 12940, subdivision (k) is barred due to her failure to exhaust administrative remedies; and that she has failed to raise a triable issue of fact as to her fourth cause of action for age discrimination. We therefore reverse the judgment based on the trial courts order granting summary judgment, and remand the matter to the trial court with directions to modify its order so as to deny summary adjudication as to the first, second, and fifth causes of action. As noted, the trial court properly granted the Countys motion for summary adjudication as to the third and fourth causes of action.
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