Ortiz v. Dameron Hospital Assn.Annotate this Case
Plaintiff Nancy Ortiz sued her former employer and former supervisor, Dameron Hospital Association (Dameron) and Doreen Alvarez (collectively defendants), alleging that she was discriminated against and subjected to harassment based on her national origin (Filipino) and age (over 40) at the hands of Alvarez, and that Dameron failed to take action to prevent it in violation of the California Fair Employment and Housing Act (the FEHA). Ortiz claimed she was forced to resign due to the intolerable working conditions created by Alvarez in order to accomplish Alvarez’s goal of getting rid of older, Filipino employees, like Ortiz, who, in Alvarez’s words, “could not speak English,” had “been there too long,” and “ma[d]e too much money.” Defendants moved for summary judgment, or in the alternative summary adjudication. The trial court granted defendants’ motion for summary judgment, finding that Ortiz could not make a prima facie showing of discrimination because she could not show that she suffered an adverse employment action, and could not make a prima facie showing of harassment because she cannot show that any of the complained of conduct was based on her national origin or age. The trial court determined that the remaining causes of action as well as the claims for injunctive relief and punitive damages were derivative of the discrimination and harassment causes of action and thus had no merit. Ortiz appealed, contending there were triable issues of material fact as to each of her causes of action, except retaliation, and her claims for injunctive relief and punitive damages. The Court of Appeal agreed in part, and reversed judgment. The trial court was directed to vacate its order granting summary judgment, and to enter a new order granting summary adjudication of Ortiz’s retaliation cause of action and request for punitive damages as to Dameron but denying summary adjudication of her discrimination, harassment, and failure to take necessary steps to prevent discrimination and harassment causes of action, her claim for injunctive relief, and her request for punitive damages as to Alvarez.