SANTILLAN V. USA WASTE OF CAL.10
discrimination in violation of the public policy evinced in the
Fair Employment and Housing Act (“FEHA”), Cal. Gov’t
Code § 12940
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; and (2) that he was wrongfully terminated in
retaliation for having an attorney represent him during the
Settlement Agreement negotiations with USA Waste.
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USA
Waste removed this case to federal court.
On November 14, 2014, USA Waste filed a summary
judgment motion. The district court held a hearing on
January 12, 2015. At the summary judgment hearing,
Santillan’s attorney asked the court for leave to amend the
complaint to add a breach of contract claim.
On January 16, 2015, the district court: (1) granted
summary judgment in favor of USA Waste on Santillan’s
wrongful termination claim based on age discrimination,
holding that Santillan failed to establish a prima facie case;
(2) granted summary judgment in favor of USA Waste on
Santillan’s wrongful termination claim based on retaliation,
holding that Santillan’s failure to provide the documentation
that USA Waste demanded in the three-day time frame it
required was a “legitimate[], non-retaliatory reason for the
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It is an unlawful employment practice for an employer to
discriminate against a person based on “race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity,
gender expression, age, sexual orientation, or military and veteran status.”
Cal. Gov’t Code § 12940.
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Santillan also alleged the following claims: (1) failure to pay
overtime, Cal. Lab. Code § 1194; (2) waiting time penalties, Cal. Lab.
Code §§ 201–03; and (3) failure to provide meal and rest breaks, Cal. Lab.
Code §§ 226.7, 512, 1174. However, Santillan later abandoned these
claims during the hearing on USA Waste’s summary judgment motion.
These claims are not relevant to this appeal.