Hope

Hope v. California Youth Authority

Good Law
134 Cal. App. 4th 577·2005 Cal. App. LEXIS 1853·2005 Daily Journal DAR 13780·36 Cal. Rptr. 3d 154·97 Fair Empl. Prac. Cas. (BNA) 87
Court of Appeal of CaliforniaSeptember 13, 2005B171593California7,378 words

Opinion

Opinion

Mallano, J.

Plaintiff, a gay man, filed suit against his former employer, alleging sexual orientation harassment in violation of the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.). The case was tried to a jury, which found in plaintiff’s favor and awarded him economic and noneconomic damages.

The employer argues on appeal that substantial evidence does not support the jury’s determination of liability or the award of damages. We conclude otherwise and affirm.

I

BACKGROUND

For around 18 years, plaintiff Bruce Hope worked as a cook or chef in various restaurants and other establishments. He eventually decided he “wanted something more permanent”—a lifetime job with retirement and a pension—and, at the age of 34, he applied for a cook position with the State of California. Hope took a written test and was interviewed by a four-member panel. Based on his scores, he was notified of openings in two correctional facilities. He interviewed for the jobs.

Hope was offered a position as a cook at the Fred C. Nelles Youth Correctional Facility (Nelles) in Whittier, and accepted it. He started work on August 1, 1996, as an “Intermittent Cook I”—he was “on…

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