Haberman

Haberman v. Cengage Learning, Inc.

Good Law
103 Cal. Rptr. 3d 19·180 Cal. App. 4th 365·2009 Cal. App. LEXIS 2034·108 Fair Empl. Prac. Cas. (BNA) 35
Court of Appeal of CaliforniaDecember 10, 2009G041638California8,530 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

Plaintiff Alicia M. Haberman appeals from a summary judgment entered in favor of her former employer, Cengage Learning, Inc. (Cengage), her former supervisor, Rick Reed, and Cengage’s national sales manager, Eric Bredenberg (collectively referred to as defendants) as to her claims for sexual harassment, retaliation, breach of contract, and intentional infliction of emotional distress. The trial court granted defendants’ motions for summary judgment on grounds including (1) defendants’ alleged wrongful conduct was neither severe nor pervasive and did not create a hostile work environment as a matter of law; (2) no evidence showed a causal link between any alleged adverse employment action suffered by Haberman and any complaint by Haberman of sexual harassment; and (3) no evidence showed Haberman was subjected to extreme or outrageous conduct.

We affirm. The trial court did not err by granting defendants’ motions for summary judgment because the acts of alleged harassment did not rise to the level of establishing a hostile work environment as a matter of law. (See Hughes v. Pair (2009) 46 Cal.4th 1035, 1048-1049 [ 95 Cal.Rptr.3d 636 , 209 P.3d 963 ]…

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