Smith v. California Department of Highway Patrol

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

INTRODUCTION

In 2010, while applying to be a cadet with defendant, the California Highway *1176 Patrol .(“CHP”), plaintiff Nicole Summer Smith suffered an incident that she describes as sexual harassment and that the CHP concedes was inappropriate. Smith stuck with the cadet application process after that incident and eventually was recommended for hire by the CHP, but she voluntarily terminated her candidacy. In the complaint, Smith says she walked away from the job because the CHP subjected her to retaliation for filing a complaint about the alleged sexual harassment incident, which dissuaded her from accepting CHP employment. In fact, Smith basically alleges that all of her interactions with the CHP for several years after the 2010 incident were a form of retaliation. Smith sued the CHP in March 2013 for retaliation under Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (“FEHA”). Dkt. No. 1. This case is about retaliation only. Smith did not file a sexual harassment claim.

This order addresses the CHP’s motion for summary judgment on Smith’s claims.…