Mallon

I. FACTS AND PROCEDURAL BACKGROUND2

A. Mallon’s Employment at Hologic 1. Mallon’s Site Manager Role Hologic designs and manufactures medical devices. In 2006, Mallon was hired as a lab manager at a company acquired by Hologic. Mallon became Hologic’s Sunnyvale site lab manager and held the position until 2013, when she was promoted to senior manager in the diagnostics laboratory. Mallon’s supervisor was Suzanne Werneke. Mallon received positive performance reviews and pay raises during that time. Hologic maintains a quality management system that is mandated by federal law3 and includes an internal audit program. According to company documents, internal site audits are conducted to determine whether Hologic’s quality management system “ ‘is in

2 We draw the facts recited here from the record that was before the trial court when it ruled on the motion for summary judgment (Yanowitz v. L’Oreal USA, Inc. (2005) 36 Cal.4th 1028, 1037 (Yanowitz)), including the parties’ separate statements of undisputed material facts, evidence judicially noticed in conjunction with the motion for summary judgment, and admissions in the parties’ appellate briefs. (See Kim v. County of Monterey (2019)…