Equal Employment Opportunity Commission v. California Psychiatric Transitions, Inc.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT (Doc. 20, 22)

The parties have filed cross motions for summary judgment pursuant to Fed.R.Civ. P. 56. Plaintiff the U.S. Equal Employment Opportunity Commission (“EEOC”) moves for summary adjudication on certain of defendant’s affirmative defenses. Defendant California Psychiatric Transitions, Inc. (“CPT”) moves for summary judgment on plaintiffs retaliation claim. Each party filed an opposition to the opposing party’s cross motion and also filed reply briefs. Pursuant to Local Rule 230(g), these motions were submitted on the pleadings without oral argument, and the hearing set for July 14, 2010 was VACATED. Having considered the moving, opposition and reply papers, as well as the Court’s file, the Court issues the following order.

FACTUAL BACKGROUND

A. Overview

Plaintiff EEOC, the federal agency charged with enforcing Title VII of the Civil Rights Act of 1964, as amended (“Title VII”), brought this action on behalf of Charging Party Audel Mendoza (“Mendoza”). The EEOC alleges that Mendoza was fired from his position as a mental health worker at CPT in retaliation both for his association with Mariel Somera (“Somera”), a woman who…