Whaley v. State of California Employment Development Dept.
Plaintiff Gary S. Whaley appeals a judgment entered after the trial court granted defendant State of California Employment Development Department's (EDD) motion for summary judgment in Whaley's unlawful discrimination and retaliation action against it. On appeal, Whaley contends the trial court erred by: (1) concluding his cause of action for unlawful discrimination based on a disparate treatment theory was barred by the applicable statute of limitations and the doctrines of collateral estoppel and exhaustion of administrative remedies; (2) concluding his cause of action for unlawful retaliation failed for insufficient evidence of any adverse employment action; (3) excluding certain evidence he submitted in support of his opposition to EDD's motion for summary judgment; (4) concluding his cause of action for unlawful retaliation also failed because he did not rebut EDD's showing of legitimate, nonretaliatory reasons for its actions; and (5) awarding costs to EDD. The judgment is affirmed.
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