Ramos v. Ralphs Grocery
Appellant Gustavo A. Ramos was employed by respondent Ralphs Grocery Company, Inc. (Ralphs), from 1989 to 1990 and from June 1996 until he was terminated in March 2009 for twice calling a coworker a "fucking racist bitch." Ramos sued Ralphs and two of his former supervisors, respondent John Meza and Jennifer Welker, asserting causes of action for harassment (but not wrongful termination) based on age and national origin in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code,[1] § 12900 et seq.) and for intentional and negligent infliction of emotional distress.[2]
On appeal, Ramos contends the trial court erred in granting summary judgment in favor of Ralphs and Meza because (1) he raised material disputed facts in support of his age harassment claim and because the court erred in applying the law to that claim, and (2) his emotional distress claims were not barred by the exclusivity provisions of the workers' compensation law. As we explain, we disagree with both contentions and affirm the judgment.
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