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Case Name Kelley v. Conco Companies et al.
Date 06/06/2011
Note An employer can be liable under the Fair Employment and Housing Act for coworkers' retaliatory conduct toward an employee who complained about what he believed was same-sex sexual harassment, California's 1st District Court of Appeal concluded.
Citation A126865
WCC Citation WCC 37692011 CA
KELLEY v. CONCO COMPANIES PATRICK C. KELLEY, Plaintiff and Appellant, v. THE CONCO COMPANIES et al. , Defendants and Respondents. CERTIFIED FOR PUBLICATION BRUINIERS, J. Patrick Kelley was an apprentice ironworker employed by respondent The Conco Companies (Conco). To get work, Kelley would contact companies such as Conco directly and, once hired, he would inform the union and obtain a dispatch slip. Rather, Conco discharged Kelley because he had been suspended by the union and Kelley has not produced evidence that would support an inference that Conco contributed to the union's decision to suspend Kelley. Kelley testified that a coworker had expressed concern to Kelley about the incident and Kelley saw that coworker talk to Gallegos before Gallegos spoke to Kelley.

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