This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Sexual Harassment
Retaliation

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)

Paul W. Chandler


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.


#116291

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390