Dornell

Dornell v. City of San Mateo

Good Law

19 F. Supp. 3d 900·2013 WL 5956316·2013 U.S. Dist. LEXIS 160437

United States District Court, Northern District of CaliforniaNovember 7, 2013No. CV 12-06065 CRBCalifornia3,875 words

Opinion

Lead Opinion

Breyer, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

Plaintiff Debra Dornell (“Dornell”) sued her former employer Defendant City of San Mateo (“City”) for gender discrimination and retaliation in violation of Title VII, 42 U.S.C. § 2000 et seq. (“Title VII”), and California Fair Employment and Housing Act, Cal. Gov’t Code § 12940 et seq. (“FEHA”), as well as constructive termination in violation of public policy. The City moves to dismiss Dornell’s First Amended Complaint (“FAC”). See MTD (dkt.37). As explained below, the Court GRANTS the Motion in part and DENIES the Motion in part.

I. BACKGROUND

Dornell alleges as follows. In March 2006, Dornell began working for the City as a part-time fire inspector at the San Mateo Fire Department (“SMFD”). FAC (dkt.32) ¶ 7. When she was hired, Fire Marshal Michael Leong (“Leong”) and Deputy Fire Marshal Mo Dong (“Dong”) told her that she would conduct housing inspections for one year, after which she would train for inspections that would make her eligible for a full-time position. Id. ¶ 9. After one year of working for the City, Dornell asked her supervisors about a full-time position. Id. ¶ 11. Leong replied that she was…

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