Polk

Filed 10/30/14 Polk v. Lowe’s HIW CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

GLENN POLK, H039950

(Santa Clara County Plaintiff and Appellant, Super. Ct. No. 1-11-CV202042)

v.

LOWE’S HIW, INC.,

Defendant and Respondent.

Plaintiff Glenn Polk was employed by defendant Lowe’s HIW, Inc. (Lowe’s), from July 2008 until he resigned in January 2011. Following his resignation, Polk filed a lawsuit against Lowe’s alleging causes of action for constructive discharge, hostile work environment, failure to prevent harassment, and intentional infliction of emotional distress. Polk alleged that a department manager at Lowe’s, Adam Bal, sent him a racially offensive text message, causing him psychological trauma. Lowe’s moved for…