As The Pizza Turns. . .

Sixteen-year-old employee of a Domino’s pizza franchise filed a FEHA [Fair Employment and Housing Act, Gov. Code §12940] alleging she was sexually harassed at her job by her manager.  The franchise filed for bankruptcy relief and Domino’s Pizza, Inc. filed a motion for summary judgment with evidence that “Domino’s was not [the alleged harasser’s] employer and was not involved in the training, supervision or hiring of any employees” of the franchise, and the franchise is responsible for “supervising and paying the persons who work at the store.” In opposition, the plaintiff attached the deposition of the manager of the franchise which said that Domino’s “area leader” twice ordered him to fire employees of the franchise.  The trial court granted the MSJ.  The appellate court reversed, stating “a franchisor’s actions speak louder than words in the franchise agreement.”  Patterson v. Domino’s Pizza, LLC  (Cal. App. Second Dist., Div. 6; June 27, 2012) (Case No. B235099).