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Carter v. RBC Capital Markets Corp.

May 18, 2010

LISA CARTER, PLAINTIFF,
v.
RBC CAPITAL MARKETS CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Honorable Manuel L. Real United States District Judge

FINDINGS OF FACT AND CONCLUSIONS OF LAW

UNCONTROVERTED FACTS

1. RBC has implemented and strictly adheres to policies prohibiting harassment and discrimination in the workplace.

2. RBC has promulgated an Equal Employment Opportunity and Non-Discrimination Policy explicitly prohibiting any form of discrimination in the workplace.

3. Every employee is expected to abide by the Non-Discrimination Policy and to report any suspected violation of the Policy.

4. Plaintiff began work at RBC in Beverly Hills, California (specifically its predecessor Sutro & Company) in 1996 as a Stock and Bond Cashier with an official job title of Senior Complex Operations Associate.

5. During her tenure with RBC, Plaintiff also worked as an Administrative Manager.

6. Plaintiff ultimately, and on her own initiative, went back to working as a Stock and Bond Cashier, the position she held until she went out on a leave of absence on approximately January 28, 2008.

7. At the end of her tenure, Plaintiff reported to Ken Sullivan, the Branch Manager, and was supervised by John Pakladowski, Operations Manager, and Fiona Scott, Administration Manager.

8. Plaintiff testified that she never encountered any difficulties in her interactions with managers nor did any of her managers ever treat her unfairly.

9. Plaintiff testified that during her tenure with the Company she took leaves of absence in 2006, 2007, and 2008.

10. In 2006, Plaintiff took a workers' compensation leave of absence for approximately four months in connection with carpal tunnel treatment and therapy.

11. In 2007, Plaintiff took another extended leave of absence due to another personal health issue.

12. Plaintiff testified that she never had any difficulty in connection with her return to work from the first two leaves of absence and was never denied a leave of absence during her tenure with RBC.

13. In January 2008, Plaintiff took a leave of absence in connection with a shoulder injury, related to the pre-existing carpal tunnel, that ultimately necessitated surgery and resulted in an extended leave of absence.

14. Plaintiff admitted that she was informed around June 2, 2008, that she had exhausted her leave under the Family Medical Leave Act ("FMLA")/California Family Rights Act ("CFRA") as of April 28, 2008, and was being ...


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