Loggins v. Kaiser Permanente Int’l, 2007 WL 1395393 (Cal. Ct. App. 2007)

During her employment with Kaiser, Dianne M. Loggins filed at least four claims alleging race discrimination or retaliation with the EEOC and the DFEH. She also complained to the Human Resources Director that her performance review contained criticisms that had “racial overtones.” Despite her claims of discrimination, Loggins received substantial salary increases and a recommendation for a promotion from the supervisor who allegedly was discriminating against her. Loggins was terminated following an investigation into her use of Kaiser’s office facilities, materials and resources for her privately owned boarding home business. Although Loggins told the investigators that she did not work on matters related to her business while at work, the investigation revealed that a substantial portion of her Kaiser computer’s hard drive had been used for her own business, and her time records showed she worked on her business pursuits while being paid by Kaiser. Following her termination, Loggins filed an additional three claims of discrimination with the DFEH. The Court of Appeal affirmed summary judgment in favor of Kaiser, concluding that Kaiser produced sufficient evidence showing a legitimate non-discriminatory reason for the termination. Cf. Gallanis-Politis v. Medina, 2007 WL 1519783 (Cal. Ct. App. 2007) (retaliation claim asserted against two supervisors who conducted attorney-guided investigation into employee’s conduct should have been stricken under anti-SLAPP statute).