Bryant v. Sara Lee Corp.
This case involves allegations by several plaintiffs of racialharassment, discrimination, retaliation and infliction of emotional distress based on racial slurs made in the workplace. Although the court resolved most of the causes of action by summary judgment or adjudication, causes of action involving two of the plaintiffs for racial harassment under the Fair Employment and Housing Act[1] (FEHA) and intentional infliction of emotional distress were decided in defendants favor following jury trial.
Leo Bryant (Bryant) and Ronald Amey (Amey) seek reversal of the judgment following the jury trial on their claims for racial harassment and intentional infliction of emotional distress. Their primary claim with respect to the trial is that the court erred in excluding evidence under Evidence Code section 352 of offensive comments by their supervisor, respondent Robert Wyche (Wyche), made at other times, other locations, or about other protected groups. Bryant and Amey also contend the court erred by summarily adjudicating their causes of action for retaliation, discrimination in violation of public policy, and failure to prevent discrimination. The third plaintiff, Eric McKneely (McKneely) contends the court erred by granting summary judgment with respect to all the causes of action he alleged. Court shall affirm.
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