13-September-2006
Singleton v. United States Gypsum Co., 140 Cal. App. 4th 1547 (2006)
A maintenance mechanic employed by USG was terminated for allegedly saying, ?if we [have to] work on Christmas, I am going to come in here with a gun and shoot everybody except Sandy.? Singleton denied making the statement but did admit stating that he was angry about possibly having to work on Christmas and that he said, ?Now I know why some people go postal.?
In his lawsuit, alleging sexual harassment and unlawful retaliation, Singleton asserted that prior to his termination he was continually subjected to harassing comments from two of his male co-workers. Singleton alleged that the two men called him names and repeatedly talked about him performing oral sex on them, and them engaging in anal sex with him. Singleton?s repeated complaints about these statements where allegedly ignored by his supervisors. The trial court granted summary judgment for the employer on Singleton?s claims, but the Court of Appeal reversed, concluding that there was sufficient evidence to create a triable issue of material fact.