Sample
Joseph Sample v. Cemex Construction Materials Pacific, LLC, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOSEPH SAMPLE, Case No. 23-cv-00428-WHO
Plaintiff,
ORDER ON THE MOTIONS FOR
v. SUMMARY JUDGMENT
CEMEX CONSTRUCTION MATERIALS Re: Dkt. Nos. 121, 131 PACIFIC, LLC, et al., 11 Defendants.
12 Plaintiff Joseph Sample brings this harassment and discrimination lawsuit against Cemex 13 Construction Materials Pacific, LLC (“Cemex”) and individual Cemex employees (altogether, 14 “defendants”). Before me now are two motions for summary judgment. One, brought by the 15 individual defendants who worked in Human Resources and management, I GRANT in full. I 16 agree with them that there are no material factual disputes—the individual defendants’ alleged 17 conduct does not rise to the level of severe harassment. The other, brought by Cemex alone, I GRANT IN PART. After-acquired evidence establishes that Mr. Sample did not disclose evidence of his mental health issues when being certified for his job as a ready-mix driver in accordance with the mandates of the Department of…