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Employment Law
FEHA
Retaliatory Demotion

Malek Erem v. Costco Wholesale Corporation, and Does 1 through 100, inclusive

Published: Apr. 27, 2013 | Result Date: Dec. 17, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-00978-DSF-CW Summary Judgment –  Defense

Court

USDC Central


Attorneys

Plaintiff

Okorie C. Okorocha
(Law Office of Okorie C. Okorocha)


Defendant

Laura W. Shelby
(Seyfarth Shaw LLP)

Casey J.T. McCoy


Facts

Malek Erem, a pharmacist that worked for Costco, complained to the management about a co-worker's conduct. Erem alleged that the other pharmacist, Barrey Meizel, wrote up a "warning" that was based on false allegations. Erem thereafter sued Costco Wholesale Corp. claiming he was demoted based on retaliation, and discrimination based on national origin and religion.

Result

The case was dismissed on summary judgment in its entirety after Erem failed to produce evidence that Costco was motivated in any way to demote him because of his origin or because he was a Muslim. Erem also failed to show that his retaliation claim raised any issue related to the Fair Employment and Housing Act.


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