Yu

I. BACKGROUND1

Yu started working for Kaiser in 2011 as a senior data consultant. Beginning in 2015, Yu reported to El-Daoushy, a manager in Yu’s department. A conflict soon arose between El-Daoushy and Yu over El-Daoushy’s reviews of Yu’s work performance. Before El-Daoushy became her manager, Yu received an overall rating of “Excellent” in her performance reviews. For Yu’s 2015 performance review, El-Daoushy rated Yu as “Successful,” which was a lower rating than “Excellent.” Yu believed she deserved a higher rating and a promotion. In a 2016 performance review, El-Daoushy gave Yu an overall rating of “Performance Needs Improvement.” According to El-Daoushy, Yu had refused assignments and exhibited a “lack of communication etiquette.” El- Daoushy sought to place Yu on a “Performance Improvement Plan” (or PIP). Yu disagreed with the performance review and characterized the PIP as “an explicit act of personal retaliation” against her for her disagreement with El- Daoushy’s performance reviews. In October 2016, Yu began a 12-week medical leave of absence due to her exhaustion and insomnia from working long hours at Kaiser. Her physician later extended her leave through…