Erdmann

Erdmann v. Tranquility Inc.

Good Law
155 F. Supp. 2d 1152·2001 WL 304165·80 Empl. Prac. Dec. (CCH) 40,544·85 Fair Empl. Prac. Cas. (BNA) 52·2001 U.S. Dist. LEXIS 5000
United States District Court, Northern District of CaliforniaJanuary 24, 2001C-99-4880 JCSCalifornia7,901 words

Opinion

Opinion

Spero, J.

ORDER DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

Defendants filed a Motion For Summary Judgment Or, In The Alternative, Motion For Partial Summary Judgment (“the Motion”) on October 27, 2000. For the reasons stated below, Defendants’ Motion is DENIED.

II. BACKGROUND

Plaintiff Del Erdmann, a Caucasian male homosexual, alleges that his employer, Tranquility Inc. (d.b.a. San Miguel Villa), and Velda Pierce (who owns and operates San Miguel Villa) discriminated against him based upon religion and sexual orientation. Specifically, he alleges that Velda Pierce, who is a member of the Church of Jesus Christ of Latter-Day Saints (“Mormon Church”), discriminated against Plaintiff and created a hostile and abusive work environment based on religion — namely, her belief that homosexuality is immoral. He further alleges that Pierce’s conduct gave rise to his constructive discharge.

A. Facts

1. Erdmann’s Employment History With San Miguel Villa

In August 1997, Plaintiff Del Erdmann interviewed for a job with San Miguel Villa. Plaintiffs Statement Of Disputed Issues in Support Of Opposition at 1. The interview was…

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