Sepulveda

I. INTRODUCTION

This case arises from difficulties plaintiff Edward Sepulveda (Employee) had with fellow car washer Byron Smith and how their employer, defendant United Parcel Service, Inc. (Employer), responded to Employee’s complaints about Smith. Employee and Smith worked together for two periods of time. Smith was already working as a car washer in Employer’s Sunnyvale facility when Employee was hired in April 1989. They both worked the night shift until May 2001, when Employee got a job on the day shift to get away from Smith. According to Employee’s complaint, Smith, an African-American, heckled and insulted Employee, calling him “ ‘Ed-iot’ ” and harassing him about his race, calling him a “ ‘stupid’ ” or “ ‘dumb Puerto Rican.’ ” This action is predicated on what occurred after Employee and Smith began working together again in October 2006, when Smith got a position on the day shift to accommodate a medical condition. According to Employee’s complaint, Smith’s hostilities resumed. According to their supervisors, each one frequently complained to the supervisors about the other not pulling his own weight on the job, among other things. They did not work together…