Stamps

INTRODUCTION

The issue presented in this petition for writ of mandate is whether a violation of statutory protections against discriminatory violence and intimidation and against denial of civil rights by means of threats and intimidation (Civ. Code, §§ 51.7, 52.1) may be asserted as a separate cause of action in an action alleging wrongful termination and employment discrimination. The trial court ruled these sections were part of the Unruh Civil Rights Act (the Act) and, thus, were inapplicable in the employment context. We conclude there is no bar to asserting violations of sections 51.7 and 52.1 in employment cases. Accordingly, we reverse the trial court’s order sustaining real parties in interest’s demurrer and granting their motion to strike.

FACTUAL AND PROCEDURAL BACKGROUND

Kenny-Shea-Traylor-Frontier-Kemper, JV, and Traylor Bros., Inc. (collectively Traylor), is a mining company that employed petitioner Robert Stamps as a tunnel miner. Stamps sued Traylor and his supervisor, Travis Thompson, alleging he was subjected to retaliation, violence, and intimidation by threat of violence. Stamps, an. African-American, further alleged Thompson verbally harassed him…