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Civil Procedure Keyed to Hazard
Vinson v. Superior Court
Facts
Vinson (Plaintiff) applied for a position at the Peralta Community College District (Defendant). Grant (Defendant) interviewed her for this position. During the interview, which took place in a private cubicle, Grant made several sexually explicit comments regarding Plaintiff’s appearance and his sexual desires towards her. Grant also allegedly concluded the interview by assuring Plaintiff that she would obtain the position if she performed certain sexual favors for him. Plaintiff was later hired as a certification technician within the Community College District. Plaintiff alleges that when Grant discovered she was working within the district, he had her transferred to a position for which she was unqualified. Plaintiff was promptly terminated following the transfer. Plaintiff sued in California state court, alleging wrongful discharge, sexual harassment, and intentional infliction of emotional distress. During discovery, the District and Grant made a motion to compel Plaintiff to undergo a psychological examination in order to determine the extent of her injuries. Plaintiff opposed the motion and further requested that if the examination were ordered that Plaintiff’s counsel be permitted to attend and that the examination not address her sexual history or practices. The trial court granted Grant and the District’s motion without imposing any limitations. Plaintiff appealed to the court of appeals and was denied. Plaintiff appealed to the California Supreme Court.
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