Guytan

BACKGROUND

Guytan filed this action against Swift in March 2019, alleging four causes of action: retaliation under the California Fair Employment and Housing Act (FEHA, Gov. Code, § 12900 et seq.), violation of Labor Code section 1050 et seq., intentional interference with prospective economic relations, and defamation. Guytan’s FEHA claim was based on allegations that, in retaliation for filing the prior action against Swift, Swift falsely reported to Guytan’s new employer

2 that he refused to take a legitimate drug test. Swift filed a motion for summary judgment or, in the alternative, summary adjudication in June 2021, which Guytan opposed. Evidence presented in connection with the motion and opposition included the following: Guytan was employed by Swift as a driver for approximately 12 months, until his termination in March 2016. In compliance with relevant laws, Guytan was required to submit to drug testing. On March 11, 2016, Guytan was selected for testing. Swift contends that the selection was random and that it complied with applicable regulations in attempting to administer the test. Guytan disputes this characterization, asserting that the test was sprung on him…