McCoy

INTRODUCTION

Warren McCoy appeals a summary judgment granted in favor of Perris Union

High School District (District) and former principal Penelope Graham on his complaint for: (1) violation of the Family and Medical Leave Act (FMLA) (29 U.S.C. § 2601 et

seq.); (2) retaliation for asserting claims under the FMLA and for age and race

discrimination; (3) age discrimination; (4) race discrimination; and (5) intentional

infliction of emotional distress. McCoy contends the District retaliated against him and

discriminated against him based on his age, race, and FMLA requests when it placed him

on a performance improvement plan and gave him negative evaluations for a number of

years before he took service retirement. The trial court granted the District's summary

judgment, concluding McCoy was not entitled to FMLA leave to care for his mother-in-

law or to take his wife to routine doctor appointments and he received negative

evaluations based on poor performance rather than any retaliatory or discriminatory

purpose. Based on our independent review, we conclude the trial court correctly

determined the District was entitled to summary judgment. We, therefore, affirm…