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Silva v. Cal. Dept. of Transportation CA4/2
Appellants were Caltrans employees at the time of the alleged incidents of harassment and discrimination. On April 9, 2019, appellants filed a complaint for damages alleging the following facts. (See Department of Corporations v. Superior Court (2007) 153 Cal.App.4th 916, 922, fn. 2 [when reviewing ruling on a demurrer we assume the truth of the complaint’s allegations].)
A. Silva’s Allegations
Silva was hired as a maintenance worker in 2011. In August 2017, while he was on temporary assignment in the Right-of-Way Division, he applied for a permanent associate agent position within the division. He interviewed for the position with the division’s deputy director for District 8, Rebecca Guirado, then on October 17, 2017, Guirado told Silva that despite her having vouched for him, the company decided to hire someone else. Later that day, Silva filed an Equal Employment Opportunity (EEO) complaint alleging he had been passed over for the position based on discriminatory reasons.

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