Nava

FACTS AND PROCEDURAL HISTORY

Plaintiff’s First Amended Complaint We begin by briefly summarizing the facts as alleged in plaintiff’s first amended complaint filed August 15, 2011, which is the operative pleading. At the time of the poster incident, plaintiff had been an employee of Safeway for approximately ten years and was working as a forklift driver for Safeway at its Merced distribution center. On Monday, June 1, 2009, at about 4:40 a.m., plaintiff walked into the break room of the distribution center and saw the poster celebrating “GAY/LESBIAN PRIDE MONTH.” Plaintiff removed the poster “because he was offended by the political message being espoused by Safeway.” Allegedly, plaintiff believed that Safeway was trying to influence employees and customers regarding the political debate in California over same-sex marriage. At that time, Proposition 8 had recently been passed by California voters in November 2008, and there continued to be controversy about the issue of same-sex marriage.

Proposition 8, also known as the California Marriage Protection Act, was passed by a majority of California voters in the November 2008 election. (Cal. Const., art. I, § 7.5; Strauss…