Casenas

Casenas v. Fujisawa USA, Inc.

Good Law
1997 Cal. App. LEXIS 800·58 Cal. App. 4th 101·67 Cal. Rptr. 2d 827·97 Daily Journal DAR 12621·72 Empl. Prac. Dec. (CCH) 45,041
Court of Appeal of CaliforniaOctober 3, 1997G016713California7,133 words

Opinion

Opinion

Sonenshine, J.

Bernardine W. Casenas appeals from a summary judgwa). She contends there were triable issues of fact whether, after she complained about sexual harassment, her employer unlawfully retaliated against her, making her working conditions so intolerable as to constitute wrongful constructive discharge.

We affirm, finding the trial court properly put an end to the case. We publish our opinion because Fujisawa’s conduct is a textbook example of how to respond appropriately to an employee’s harassment complaint. We do not know what more the employer could have done to accommodate Casenas, short of ceding its managerial prerogative to her. As we will explain, Casenas was not entitled to present her case to a fact finder: As a matter of law, no reasonable employee in her position would have found the working conditions so egregious as to compel resignation.

I

The following facts are based largely on the court’s statement of materially uncontradicted evidence leading it to grant Fujisawa a summary judgment.

Fujisawa is engaged in the pharmaceutical products industry. Casenas began her employment as a professional sales representative (PSR) on February 3, 1986, in Philadelphia.…

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