Facts

John Doe sued his former employer, The Boeing Co.

PLAINTIFF'S CONTENTIONS:
Plaintiff worked for Boeing from the mid nineties, when it merged with a company he had been working for at the time. Plaintiff contended that Boeing wrongfully terminated him in October 2011. Since 2000, plaintiff had been classified as an engineer, in 2008, his supervisor decided to reclassify him as a Government Property Specialist, which plaintiff opposed. In 2011, Boeing reduced its workforce, and identified him for a layoff. Plaintiff claimed that he was laid off because of his age.

Plaintiff asserted causes of action for age discrimination in violation of the Fair Housing and Employment Act, retaliation in violation of FEHA, intentional infliction of emotional distress, and negligent infliction of emotional distress.

DEFENDANT'S CONTENTIONS:
Boeing filed a motion for summary judgment. It argued that plaintiff's job reclassification did not constitute an adverse employment action. It also disputed plaintiff's claim that he was discriminated against because of his age.

Result

The court granted Boeing's motion for summary judgment because plaintiff failed to show that Boeing's action was a pretext to age discrimination with respect to his FEHA claims. The court then determined that plaintiff's emotional distress claims were preempted by California's workers' compensation scheme. Consequently, the court likewise granted Boeing's motion for summary judgment as to plaintiff's emotional distress claims.