Keith Roy v. Scholastic Book Fairs, Inc.

I. Factual and Procedural Background

Defendant is a global children’s publishing and media company, which creates and distributes educational and entertainment materials and products for use in the home and school, including children’s books, magazines, technology-based products, teacher materials, television programming, videos, and toys. Defendant employs seasonal workers at its various warehouses to assist with moving cases of books, offloading trucks, and sorting books. Plaintiff, one, from September 2016 until December 21, 2016 at Defendant’s Irwindale, California warehouse. Supervisor Daniel Gomez (“Gomez”) hired Plaintiff and Brian Manning (“Manning”), a Caucasian male, who was also hired as a part-time seasonal product coordinator, level one, at approximately the same time. On January 2, 2020, Plaintiff filed a Complaint against Defendant, alleging claims for: (1) discrimination on the basis of race in violation of California’s Fair Employment and Housing Act (“FEHA”); (2) harassment on the basis of race in violation of FEHA; (3) whistleblower retaliation pursuant to California Labor Code § 1102.5; and (4) wrongful termination in violation of public policy. In his…