Doe T.H. v. HB Healthcare Associates CA4/3

FACTS AND PROCEDURAL HISTORY

I.

THE COMPLAINT

On August 29, 2022, plaintiff initiated this action by filing a complaint asserting a claim for sexual harassment in violation of the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq.; FEHA) against defendants; claims for sexual assault and intentional infliction of emotional distress against Lemus; and claims for retaliation in violation of FEHA, failure to prevent harassment in violation of FEHA, negligent supervision, retaliation in violation of Labor Code section 1102.5, subdivision (b), and wrongful termination against Sea Cliff and Ensign. We summarize the allegations of the complaint underlying plaintiff’s claims as follows.

2 On January 7, 2022, plaintiff began working for Sea Cliff and Ensign as a member of the housekeeping and laundry team at a Sea Cliff assisted living facility. From January 3, 2022, the date she was interviewed by Lemus, until March 10, 2022, Lemus “waged a campaign of unrelenting sexual harassment, sexual assaults, intimidation, aggression, and workplace bullying” against plaintiff. After her January 3, 2022, interview, Lemus texted plaintiff asking, “‘When can I see you?’” and…