Conlin

OPINION AND ORDER

The motion of defendants, Mission Foods Corporation, Técnica Empresarial Corporativa Monterrey S.A. de C.V., Gruma Corporation and Ralph Vallejo, having come before the Court on April 14,1994, the Court having considered the parties’ pleadings, and for the reasons hereinafter stated, defendants’ motion for summary judgment is DENIED in part and GRANTED in part.

I.

In January of 1991, Mission Foods Corp. (“Mission Foods”) hired John Conlin (“Conlin”) as a warehouseman. Conlin suffers from cerebral palsy. Conlin claims that warehouse supervisor Ralph Vallejo (“Vallejo”) harassed him and denied him work hours equal to other employees. Vallejo terminated Conlin’s employment on September 4, 1991.

In response, Conlin filed a charge of discrimination with the California Department of Fair Employment and Housing on February 7, 1992. Five months later, pursuant to the collective bargaining agreement governing the warehouse, Mission Foods reinstated Conlin as a “seniority employee.” (Defs.’ P. & A. at 8.) Conlin filed his first judicial complaint against Mission Foods, its parent companies, and Vallejo on September 22, 1992 in Contra Costa County Superior Court. The…