MacDonald v. Arazm CA2/3
Plaintiff James MacDonald (plaintiff) appeals from the judgment of dismissal entered after the court granted defendant Shereen Arazm’s motion for judgment on the pleadings. Plaintiff sued Arazm and a handful of other individuals, corporate entities, and trusts under the Fair Employment and Housing Act (Government Code section 12940 et seq.) asserting claims for workplace harassment, wrongful employment termination, and failure to take reasonable steps to prevent harassment. In addition, he asserted a claim for whistleblower retaliation under Labor Code section 1102.5.
Throughout the litigation, plaintiff consistently conceded Arazm was not his employer—a posture fatal to his claims against her for wrongful employment termination, failure to take reasonable steps to prevent harassment, and retaliation, which may only be properly asserted against an employer.
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