Elsaas

Elsaas v. County of Placer

Good Law
35 F. Supp. 2d 757·99 Daily Journal DAR 3839·1999 WL 57235·79 Fair Empl. Prac. Cas. (BNA) 80·1999 U.S. Dist. LEXIS 3311
United States District Court, Eastern District of CaliforniaFebruary 9, 1999CIV. S-98-1086 LKK/DADCalifornia2,243 words

Opinion

Opinion

Karlton, J.

ORDER

I.

PROCEDURAL HISTORY

Plaintiffs, Margie Elsaas and Lillian Stuck, sue their employer, Placer County District Attorney’s Office, (“the County”) and their local union (“the Union”). Plaintiffs claim that the County wrongfully demoted them in October of 1997 because they were identified as witnesses who would substantiate claims in a sexual harassment case against the County. In essence, plaintiffs contend that the County created a hostile work environment — harassing and intimidating plaintiffs and retaliating against them. Thus, plaintiffs allege a violation of 42 U.S.C. § 2000e-3(a) and predicate jurisdiction on 42 U.S.C. § 2000e-5(f).

Plaintiffs further claim that at all relevant times, they were members of the Union which had a contract to represent Placer County employees, including plaintiffs, in any labor and/or employment dispute with the County. Around October of 1997, plaintiffs contacted their union representative and requested representation because the County had passed them over for promotion, in favor of a co-worker. Plaintiffs asserted to the Union that the failure to promote was an act of retaliation punishing their participation in the sexual harassment…

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