Kelley v. The Conco Companies, et al. (2011)
N/AOUTCOME: Reversal of summary judgment
196 Cal.App.4th 191, First District Court of Appeal, Division Five, Case No. A126865, filed June 6, 2011. The First District reversed a summary judgment granted to employer Conco, one of California's ... largest concrete construction companies, on the grounds that my client Patrick Kelley, an apprentice ironworker, had shown triable issues of material facts that he was retaliated against by Conco for complaining to Conco supervisors about blistering, obscene, sexually-laden derogatory comments made towards him that violated Conco's own guidelines, once those guidelines were established after Kelley filed suit in this matter. The retaliation included threats of bodily harm, calling him a "bitch", "faggot," "snitch," that failed to stop even after he complained to the Conco dispatcher about the treatment. In addition, Conco supervisory personel overheard some of the comments and did nothing about them. Kelley showed triable issues of material facts that Conco supervisory personnel knew of the retaliation but did not stop it.
