Perla Complaint
Perla Complaint
30-2024-01384524-CU-OE-CJC - ROA # 2 - DAVID H. YAMASAKI, Clerk of the Court By R. Baker, Deputy Clerk.
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF ORANGE
9
CENTRAL JUSTICE CENTER
10
22
Plaintiff PERLA RODRIGUEZ, an individual, by the undersigned attorney,
23
based upon information and belief, and demanding a trial by jury, as against the
24
ORANGE COUNTY FIRE AUTHORITY, a California joint powers authority
25
entity; DAVID JOHNSON, an individual; JOEL BRODOWSKI, an individual; and
26
DOES 1 through 25, inclusive, alleges the following:
27
///
28
2 IV.
3 CAUSES OF ACTION
4 FIRST CAUSE OF ACTION
5 (VIOLATION OF GOVERNMENT CODE §12940 — DISCRIMINATION
6 ON THE BASIS OF SEX AND/OR GENDER)
7 (By RODRIGUEZ against Defendant ORANGE COUNTY FIRE
8 AUTHORITY)
9 40. Rodriguez realleges and incorporates by reference each and every
10 allegation contained in Paragraphs 1 through 39, as set forth above.
11 41. Government Code Section 12940(a) makes it an unlawful employment
12 practice for any employer to discriminate on the basis of sex and/or gender, by
13 making unlawful said discrimination in compensation or in terms, conditions or
14 privileges of employment.
15 42. Defendants violated this prohibition on discriminatory acts or omissions
16 based upon Rodriguez’s sex and/or gender, and its association of her with those
17 characteristics, by, among other things, subjecting Rodriguez to disparate treatment
18 relative to male counterparts as set forth above.
19 43. The California Fair Employment & Housing Act (“FEHA”) does not
20 require that an employer's discriminatory act constitute one large yet discrete harm,
21 rather than a series of subtle yet damaging injuries. The individual acts of
22 discriminatory conduct as described in this Complaint, as well as the totality of that
23 conduct, constitute at least one adverse employment action. Moreover, FEHA
24 protects an employee against unlawful discrimination with respect not only to
25 “ultimate employment actions” such as termination (or constructive discharge as
26 here) or demotion, but also the entire spectrum of employment actions that are
27 reasonably likely to adversely or materially affect an employee's job performance
28 or opportunity for advancement in her career.
-11-
COMPLAINT FOR FEHA VIOLATIONS
1 44. As a result of Defendants' discriminatory conduct, Rodriguez has
2 suffered both economic and non-economic damages.
3 45. Rodriguez was harmed as a result of the conduct and inaction of all
4 Defendants. She has suffered emotional distress, humiliation, and further injuries.
5 46. Defendants’ conduct was a substantial factor in causing Rodriguez’s
6 harm.
7 47. The aforementioned conduct was undertaken by the individual
8 Defendants in a willful, wanton, and malicious manner and with conscious
9 disregard of Rodriguez’s rights to be free from such offense. The individual
10 Defendants acted knowing, or in reckless disregard of the fact, that their conduct
11 would, without defense, cause injury to Rodriguez.
12 SECOND CAUSE OF ACTION
13 (VIOLATION OF GOVERNMENT CODE §§ 12923 & 12940(j) – HOSTILE
14 WORK ENVIRONMENT AGAINST EMPLOYER)
15 (By RODRIGUEZ against Defendant ORANGE COUNTY FIRE
16 AUTHORITY)
17 48. Rodriguez realleges and incorporates by reference each and every
18 allegation contained in Paragraphs 1 through 47, as set forth above.
19 49. Rodriguez was, at all times relevant to this Complaint, employed by
20 the OCFA.
21 50. As more fully set forth above, Rodriguez was subjected to a harassing
22 environment while working for OCFA because she was a woman.
23 51. The harassing conduct of the Defendants against Rodriguez was
24 continuous, severe, and pervasive. Any reasonable woman in Rodriguez’s
25 circumstances would have considered the work environment to be hostile,
26 intimidating, offensive, oppressive, or abusive. Rodriguez, for her part, considered
27 her work environment to be hostile, intimidating, offensive, oppressive, or abusive.
28 Rodriguez communicated her feelings about this conduct to her direct supervisor,
-12-
COMPLAINT FOR FEHA VIOLATIONS
1 Scott Johnson, and Human Resources staff, among others. OCFA took no steps to
2 stop the harassment of Rodriguez, which she continued to suffer from. The conduct
3 and inaction complained of herein made Plaintiff’s working conditions so
4 intolerable that she was no longer able to perform the job at all, resulting in her
5 constructive discharge.
6 52. Rodriguez was harmed by this conduct and inaction and said conduct
7 and inaction were substantial factors in causing Rodriguez’s harm.
8
23
Dated: March 7, 2024 SHEWRY & SALDAÑA, LLP
24
25
By: ____________________________________
26 Christopher C. Saldaña
27 Attorneys for Plaintiff PERLA RODRIGUEZ
28
-16-
COMPLAINT FOR FEHA VIOLATIONS
1 VI.
2 DEMAND FOR JURY TRIAL
3 PLEASE TAKE NOTICE that Plaintiff demands a trial by jury against the
4 Defendants, and each of them, for each cause of action so triable.
5
6
Dated: March 7, 2024 SHEWRY & SALDAÑA, LLP
8
By: ____________________________________
9 Christopher C. Saldaña
10 Attorneys for Plaintiff PERLA RODRIGUEZ
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-17-
COMPLAINT FOR FEHA VIOLATIONS
Exhibit “A”
S T A T E O F C A L I F O R N I A | Business, Consumer Services and Housing Agency GAVIN NEWSOM, GOVERNOR
March 6, 2024
Perla Rodriguez
402 W. Broadway, Suite 1550
San Diego, CA 92101
This letter informs you that the above-referenced complaint filed with the Civil Rights
Department (CRD) has been closed effective March 6, 2024 because an immediate
Right to Sue notice was requested.
This letter is also your Right to Sue notice. According to Government Code section
12965, subdivision (b), a civil action may be brought under the provisions of the Fair
Employment and Housing Act against the person, employer, labor organization or
employment agency named in the above-referenced complaint. The civil action must be
filed within one year from the date of this letter.
To obtain a federal Right to Sue notice, you must contact the U.S. Equal
Employment Opportunity Commission (EEOC) to file a complaint within 30 days
of receipt of this CRD Notice of Case Closure or within 300 days of the alleged
discriminatory act, whichever is earlier.
Sincerely,
March 6, 2024
To All Respondent(s):
Enclosed is a copy of a complaint of discrimination that has been filed with the Civil
Rights Department (CRD) in accordance with Government Code section 12960. This
constitutes service of the complaint pursuant to Government Code section 12962. The
complainant has requested an authorization to file a lawsuit. A copy of the Notice of
Case Closure and Right to Sue is enclosed for your records.
Please refer to the attached complaint for a list of all respondent(s) and their
contact information.
Sincerely,