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Employment Law
Sexual Harassment
Failure to Prevent Discrimination, Harassment and Retaliation

Craig Gillis v. Salesforce.com Inc., Jarrett Hoffman and Does 1 through 20, inclusive

Published: Mar. 5, 2021 | Result Date: Jan. 20, 2021 | Filing Date: Jul. 27, 2020 |

Case number: CGC-20-585791 Demurrer –  Defense

Judge

Ethan P. Schulman

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Wendy E. Musell
(Wendy Musell PC)

Elisa J. Stewart
(Stewart & Musell LLP)


Defendant

Ryan D. Derry
(Paul Hastings LLP)

Emily J. Stover
(Paul Hastings LLP)


Facts

Plaintiff, Craig Gillis is Staff Technical writer hired by defendant Salesforce.com, Inc. in 2014. Gillis identified himself as homosexual. While working for defendant, Gillis worked closely with Jarrett Hoffman, Director of Security Compliance. Plaintiff later filed a sexual harassment and discrimination complaint against defendants.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Hoffman exhibited sexual interest towards plaintiff where Hoffman would stare at plaintiff's genital area then directly into plaintiff's eyes. This pattern occurred on several occasions. Plaintiff contended that when he informed defendant of his intention to file a complaint with the EEOC, plaintiff was terminated on April 25, 2018. Plaintiff contended that defendant's actions of fostering an environment of sexual harassment based on his sexual orientation was a violation of the Fair Employment and Housing Act. Plaintiff contended that he was discriminated against because of his sexual orientation. Finally, plaintiff contended that defendant retaliated against him for reporting the sexual harassment by terminating him from his position.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The court sustained defendant's demurrer to plaintiff's first amended complaint without leave to amend.


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