Drain

Drain v. Betz Laboratories, Inc.

Good Law
1999 Cal. App. LEXIS 89·69 Cal. App. 4th 950·81 Cal. Rptr. 2d 864·99 Daily Journal DAR 1193·64 Cal. Comp. Cases 55
Court of Appeal of CaliforniaFebruary 3, 1999B109188California3,871 words

Opinion

Opinion

Curry, J.

This case involves claims for racial harassment and wrongful termination by appellant Terry Drain against his former employer, respondent Betz Laboratories, Inc. (Betz), and his former supervisors, respondents Robert Van Aken and Richard Miller. The court granted summary judgment in favor of respondents. In our original opinion filed May 13, 1998, we affirmed the judgment. Thereafter, we granted a petition for rehearing in order to resolve certain issues related to the grant of summary judgment on the harassment claim in favor of the individual defendants. Having read and considered the parties’ supplemental briefs and the arguments raised at oral argument, we again affirm.

Factual Background

Appellant worked as a chemical operator for Betz for 13 years until his termination in March or April of 1995. Approximately six months prior to his termination, Drain had become disabled and was absent from his employment on short-term disability leave. Under Betz’s written policy, employees were permitted to take up to six months’ disability leave, after which time they would be terminated if they were still unable to return to their jobs. Appellant attempted to return to work in…

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