McEnroe

I. BACKGROUND

A. McEnroe’s Employment and Termination In November 2007, McEnroe went to work as a sales consultant for AT&T at a retail store in Santa Rosa. In April 2008, Farooq Syed became her supervisor. McEnroe’s complaint alleges that Syed made inappropriate sexual comments to her, said that he wanted to torture her and see her buried alive, and hit her in the face with papers

1 he was holding in his hand. As a result of his behavior, she suffered “anxiety attacks, emotional breakdowns and inability to sleep.” Despite her repeated requests, AT&T failed to reassign her or Syed to a different location, and failed to provide her a safe and hostility free work environment. McEnroe was off work on leave under AT&T’s disability benefits plan and the Family and Medical Leave Act from late September 2008 to late March 2009. She returned to work from March 31, 2009 to April 10, 2009. She was granted additional disability leave through May 17, 2009, and did not thereafter return to work. In July 2009, McEnroe’s psychologist informed the claims administrator of AT&T’s disability benefits plan that McEnroe could return to work “ ‘but not in the same work environment with this assistant…