Valdez

Valdez v. Clayton Industries, Inc.

Good Law
107 Cal. Rptr. 2d 15·88 Cal. App. 4th 1162
Court of Appeal of CaliforniaAugust 8, 2001B139582California6,083 words

Opinion

Opinion

Appellant Alex Valdez challenges summary judgment granted in favor of respondents Clayton Industries, Inc. (Clayton), and Larry Metzler on Valdez's complaint for sexual harassment and retaliation in violation of the California Fair Employment and Housing Act (FEHA), Government Code section 12900 et seq. [1] We reverse.

Valdez initiated this action in February 1999. On September 22, 1999, Valdez filed a third amended complaint against Clayton and Metzler, alleging a single claim for sexual harassment and retaliation under FEHA (Gov.Code, § 12900 et seq.), and seeking compensatory and punitive damages.

The third amended complaint alleges the following facts: Clayton employed Valdez as a mechanic assembler. Metzler was Valdez's supervisor. From December 1996 through March 4, 1998, Metzler sexually harassed Valdez, in several ways, including repeatedly saying to him, "I need sex" and "I need a blow job." Valdez complained to his immediate supervisor, John Gonzalez, and to Metzler. Despite these complaints, Metzler continued his harassment, and Gonzalez did nothing to stop it. In February 1998, Valdez complained about the harassment to Cyril Silva, Clayton's human…

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