Perez
Perez v. Proctor & Gamble Manufacturing Co.
Opinion
Opinion
Damrell, J.
AMENDED MEMORANDUM AND ORDER
Plaintiff John Perez brings this diversity action alleging that his former employer Proctor and Gamble Manufacturing Company (“P & G”) discriminated against him on account of his mental disability in violation of the California Fair Employment and Housing Act (“FEHA”), Cal.Gov.Code § 12940(k), and constructively discharged him in violation of public policy. This matter is before the court on P & G’s motion for summary judgment. For the reasons set forth below, P & G’s motion is denied.
BACKGROUND
1. Plaintiff’s Employment
Plaintiff John Perez worked for P & G at its Sacramento plant from May 1976 until his alleged constructive termination on August 19, 1999. During the course of his employment, plaintiff worked in a number of jobs at P & G, including soap worker, cook, security guard, warehouse worker, and forklift clamper. At all relevant times herein, plaintiff worked as a high-pressure equipment operator on Team D in the alcohol department of the plant.
P & G manufactures industrial chemicals used in detergents and other products at its Sacramento plant. The plant operates 24 hours a day, 7 days a week. Plaintiffs job as a high pressure…