Elizondo

BACKGROUND

In 2009, plaintiff was working in Stockton for defendant when she saw e-mails intended for some of her male coworkers that contained sexually explicit content. Believing it was her “responsibility to report something like that,” plaintiff told her supervisor. In June 2013, plaintiff filed a civil complaint alleging defendant harassed, and discriminated and retaliated against her because of the 2009 e-mail incident. In May 2017, plaintiff filed a second amended complaint containing five causes of action against defendant: (1) violation of the California Whistleblower Protection Act (Gov. Code, § 8547; hereafter WPA); (2) retaliation in violation of title 42 United States Code section 2000e-3(a) (Title VII); (3) retaliation in violation of the California Fair Employment and Housing Act (Gov. Code, § 12940, subd. (h); hereafter FEHA); (4) failure to prevent retaliation in violation of the FEHA (Gov. Code, § 12940, subd. (k)); and (5) wrongful termination in violation of Labor Code sections 98.6 and 1102.5.

This matter was assigned to the panel as presently constituted in June 2022.

2 In November 2017, after a 26-day jury trial, the jury found defendant violated…