C.A. 2nd;
B268300

The Second Appellate District reversed a judgment and remanded. The court held that an employee raised a triable issue of fact as to his contention that he was terminated due to a perception that he was “too gay.”

Joseph Husman sued former employer Toyota Motor Credit Corporation for discrimination and retaliation in violation of the Fair Employment and Housing Act (FEHA) and wrongful discharge, alleging he was fired from his executive-level management position because of his sexual orientation and criticisms he made concerning Toyota's commitment to diversity. Toyota moved for summary judgment, arguing it had a legitimate nondiscriminatory reason for Husman's termination. According to Toyota, Husman's supervisor had become so frustrated by Husman's absences from the office and his insubordinate behavior, she no longer wanted to manage him.