Facts

Michael Cruz sued Lockheed Martin Aeronautics and others involving an employment dispute.

PLAINTIFF'S CONTENTIONS: Plaintiff, the main witness of the key facts, was elderly and died in early 2017. Over objection, defense nevertheless sought summary judgment against a dead person.

Plaintiff's coworkers allegedly berated him because of his age, commenting on how he should retire because he was close to death. Plaintiff complained about his coworkers' harassment. Plaintiff contended that a coworker misrepresented his statement and misstated to upper management that he was suicidal, which resulted in his suspension instead of responding to his complaints or accommodating his disability. Plaintiff contended that the harassment exacerbated his health conditions, including high blood pressure and diabetes.

Plaintiff asserted causes of action for hostile work environment, civil conspiracy to violate employment rights, failure to prevent harassment, disability discrimination, disability discrimination-disparate treatment, failure to engage in timely interactive process, retaliation, intentional infliction of emotional distress, and defamation.

DEFENDANTS' CONTENTIONS: Defendants moved for summary judgment, challenging the sufficiency of plaintiff's allegations. Among other things, defendants contended that plaintiff failed to sufficiently allege severe or pervasive conduct to constitute harassment. Defendants contended that plaintiff never reported the alleged harassment or that the defendants were even aware of his purported disability.

Result

The court granted defendants' motion for summary judgment in each of Cruz's claims.