Procedural Posture

Appellant employee sought review of a judgment from the Superior Court of Orange County (California) granting summary judgment in favor of appellee employer in action brought by appellant alleging wrongful discharge in retaliation for her sexual harassment complaint.

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Overview

Appellant employee sought review of a judgment from the trial court granting summary judgment in favor of appellee employer in an action brought by appellant alleging that she was wrongfully discharged after she complained of sexual harassment. The court affirmed and held appellee acted appropriately in responding to appellant’s harassment complaint, and as a matter of law, no reasonable employee in her position would have found the working conditions so egregious as to compel resignation. Appellant failed to establish appellee either intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of her resignation that a reasonable employer would realize that a reasonable person in the employee’s position would be compelled to resign. Appellant’s contentions that she received an unfair performance evaluation and was not considered for promotion to a management position did not constitute intolerable working conditions. Rather, the evidence showed that appellee timely responded to appellant’s complaint, reprimanded the other employee and thanked her for bringing the complaint to its attention.

Outcome

The court affirmed and held that there was no evidence that appellee created working conditions that were so intolerable that a reasonable employer would be compelled to resign. Appellee acted appropriately in responding to appellant’s harassment complaint. Appellant’s contentions that she received an unfair evaluation and was passed over for a promotion alone did not constitute intolerable working conditions.