Keith McCabe v. Canon Solutions America, Inc.
Opinion
Trial Court Opinion
I. FACTS
The following facts are drawn from Plaintiff Keith McCabe’s (“Plaintiff”) Second Amended Complaint (“SAC”) (Dkt. 1-1, Rafter Decl., Ex. H) and the transcript of the deposition of Plaintiff (Dkt. 1-1, Rafter Decl., Ex. J). This action concerns Plaintiff’s employment with Defendant Canon Solutions America, Inc. (“CSA”) and supervision under his manager Defendant Robb Gonka (“Gonka”). SAC ¶ ¶ 19, 25. In April 2017, Plaintiff complained to Defendant’s Human Resources personnel that Gonka had sexually harassed him by touching him inappropriately. Id. ¶ 25. Plaintiff further alleges that
CIVIL MINUTES – GENERAL
Case No. 8:23-CV-01710-DOC-MARx Date: October 31, 2023
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Gonka called him “honey” or “sexy,” and also discussed “strippers, hookers, open strip clubs, and pole dancing.” Id. According to Plaintiff, Gonka began retaliating against Plaintiff by mistreating Plaintiff and adversely interfering with Plaintiff’s sales, creating a hostile work environment. Id. ¶ 26-51. In June 2022, Gonka placed and held his hand on Plaintiff’s shoulders during a meeting. Rafter Decl., Ex. J at 138:19-139:5. CSA terminated Plaintiff in July 2022 for violating…