Deborah Bohnlein v. AbilityFirst
Published: Oct. 26, 2004 | Result Date: May 17, 2004 | Filing Date: Jan. 1, 1900 |Case number: GC031207 – $0
Judge
Court
L.A. Superior Alhambra
Attorneys
Plaintiff
Defendant
Facts
The plaintiff, Deborah Bohnlein, alleged that her former employer, the defendant AbilityFirst, and its former president, discriminated against her based on her age and gender, retaliated against her and wrongfully terminated her employment. The plaintiff sued the defendants for age and gender discrimination, breach of contract, retaliation and violation of Government Code Section 12940 et seq. for failure to take all reasonable steps to prevent discrimination and harassment from occurring. The individual defendant moved for summary judgment on the grounds that there was no evidence that he engaged in any conduct that could be considered discrimination, harassment or retaliation. The plaintiff failed to file an opposition or request a continuance with respect to the individual defendant's motion. The court found there was no triable issue of material fact and that there was no evidence the individual engaged in any conduct that could be characterized as retaliation or harassment. The defendant AbilityFirst moved for summary judgment on the grounds that there was no evidence that AbilityFirst engaged in discrimination, harassment or retaliation against the plaintiff or failed to take all reasonable steps to prevent such conduct from occurring; and that there was no evidence that AbilityFirst wrongfully terminated the plaintiff or breached any contract or implied covenant of good faith and fair dealing. It was undisputed that the plaintiff was hired as an at-will employee and the court found that there was no triable issue of material fact and that there was no evidence of any adverse employment action motivated by discriminatory animus based on either age or gender such that the plaintiff could prevail on any of her causes of action. Further, there was no evidence that the plaintiff suffered any actionable harassment or retaliation.
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