Borelli v. Santa Ana Unif. School Dist.
In this discrimination case, Tyronne Borelli, Rebecca Bruno, George Reta, and Sandra Katz (sometimes referred to collectively as the Plaintiffs) appeal from a judgment in favor of their employer, the Santa Ana Unified School District[1] after the Districts motion for summary judgment was granted. The Plaintiffs contended they were harassed and discriminated against by the District and several individual defendants within the administration after they demanded the District investigate a threatening voice mail message left for an administrator at the Districts Santa Ana Valley High School (Valley). Their complaint contained causes of action for discrimination in violation of the California Fair Employment and Housing Act (the FEHA) (Gov. Code, 12900 et seq.).[2] Each of the Plaintiffs also alleged a separate cause of action titled hostile work environment alleging the actions of the individual defendants constituted harassment so severe and pervasive that it altered the conditions of [their] employment and created an abusive working environment. Summary judgment was granted as to all causes of action because the Plaintiffs failed to exhaust their administrative remedies as required under FEHA by timely filing complaints with the Department of Fair Employment and Housing (the DFEH). On appeal, the Plaintiffs contend they should have been permitted to amend their complaint to recast their hostile workplace harassment cause of action as one for a common law wrongful discharge or demotion. Reta additionally contends there was a triable issue of fact as to whether he timely filed a complaint with the DFEH. Court find no merit to their claims and affirm the judgment.
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