Silva

FACTS

Appellants were Caltrans employees at the time of the alleged incidents of

harassment and discrimination. On April 9, 2019, appellants filed a complaint for

damages alleging the following facts. (See Department of Corporations v. Superior Court

(2007) 153 Cal.App.4th 916, 922, fn. 2 [when reviewing ruling on a demurrer we assume

the truth of the complaint’s allegations].)

A. Silva’s Allegations

Silva was hired as a maintenance worker in 2011. In August 2017, while he was

on temporary assignment in the Right-of-Way Division, he applied for a permanent

associate agent position within the division. He interviewed for the position with the

2 division’s deputy director for District 8, Rebecca Guirado, then on October 17, 2017,

Guirado told Silva that despite her having vouched for him, the company decided to hire

someone else. Later that day, Silva filed an Equal Employment Opportunity (EEO)

complaint alleging he had been passed over for the position based on discriminatory

reasons. Shortly after he filed the complaint, Guirado retaliated against him by rescinding

his training for the associate agent position (despite having personally approved the

training two…