Robert Klein v. Walt Disney Company
Published: Aug. 2, 2014 | Result Date: Jun. 6, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-01358-PSG-DTB Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Jason A. Archinaco
(The Archinaco Firm LLC)
Defendant
Phyllis Kupferstein
(Kupferstein Manuel LLP,)
Scott O. Luskin
(Payne & Fears LLP)
Facts
Robert Klein sued Walt Disney Co. in connection with an employment dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Klein alleged that he began working for Disney in 2007 in it Archives Dept. He was promoted in 2010, and supervised a number of employees, including Andrea Carbone. Klein alleged that Carbone was known as a "black widow" in the department due to her inappropriate behavior towards male employees. He claimed that Disney's Human Resources Dept. was aware of Carbone's conduct, but took no action to correct it. Disney later hired Kiara Gellar as an independent contractor for the Archives Dept. Carbone suggested to other employees that Gellar was her boyfriend. However, conflicts soon arose between Carbone and Gellar. Klein thought it was just one of Carbone's "dramas." However, the conflict between the two did not resolve itself. Klein believed that Carbone may have been blackmailing and sexually harassing Gellar, prompting HR to conduct an investigation. Shortly after, Disney decided to terminate his employment. Since his termination, Klein claimed that Disney placed him on a no re-hire list and basically "blackballed" him in the entertainment industry. He sued Disney for retaliation in violation of Title VII and FEHA.
DEFENDANT'S CONTENTIONS:
Disney moved for summary judgment, arguing that it had a valid, nondiscriminatory reason for terminating Klein's employment. Disney alleged that Klein was aware that Gellar and Carbone had a relationship when he recommended Geller for a position at Disney. Disney also alleged that the HR's investigation revealed that Klein committed various professional errors, including his failure to disclose his true knowledge of Carbone and Gellar's relationship during Gellar's hiring and throughout the investigations into the sexual harassment allegations that justified his termination.
Result
Finding that Klein failed to show that Disney harbored any intent to retaliate against him, the court granted Disney's motion for summary judgment.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390