Kelley
Kelley v. The Conco Cos.
Opinion
Lead Opinion
Bruiniers, J.
Patrick C. Kelley was an apprentice ironworker employed by respondent The Conco Companies (Conco). He complained that he was subjected to a barrage of sexually demeaning comments and gestures by his male supervisor, and later to similar comments by male coworkers, and that he was also subjected to physical threats by coworkers in retaliation for his complaints about his supervisor. Kelley’s employer changed his worksite to separate him from his harassers, but Kelley was later suspended by his union from its apprenticeship program, rendering him ineligible for employment.
*197 After the suspension expired, he was not rehired by Conco. He filed suit against Conco and his former supervisor, and the trial court granted defendants’ motion for summary judgment on Kelley’s claims for sexual harassment, retaliation and related causes of action. We reverse as to Kelley’s retaliation claim under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.), 1 and otherwise affirm.
I. Background
In October 2007, Kelley sued Conco and David Seaman (collectively, Defendants) for sex discrimination and sexual harassment in violation of FEHA (§ 12940);…