Jones v. California Dep’t of Corrections and Rehabilitation, 152 Cal. App. 4th 1367 (2007)
Kim C. Jones worked as a correctional officer at the R.J. Donovan Correctional Facility for approximately 16 years before experiencing alleged gender discrimination, sexual harassment, race discrimination, assault and battery and intentional and negligent infliction of emotional distress. The trial court granted summary judgment to the defendants, including her supervisors and the warden of the facility. In affirming summary judgment for defendants, the Court of Appeal concluded that Jones failed to present a triable issue of material fact from which it reasonably could be inferred that she suffered harassment proscribed by the FEHA. Jones repeatedly testified in her deposition that she did not believe that, or did not know whether, the comments and complaints that formed the basis of her action were motivated by race or gender. Additionally, the alleged incidents were so few and trivial that they were not sufficiently severe or pervasive enough to constitute harassment or actionable discrimination. Finally, the Court concluded the causes of action for assault and battery, infliction of emotional distress and negligent supervision were barred by the workers’ compensation exclusivity rule. Compare Craig v. M&O Agencies, Inc., 496 F.3d 1047 (9th Cir. 2007) (summary judgment dismissing sexual harassment, assault and battery and infliction of emotional distress claims reversed).