AUTO PARTS, ETC. is a national company and is in the business of retail auto part sales. It has several hundred locations throughout the United States and thousands of employees spread across the 50 states. Sam works as a Territory Sales Manager for AUTO PARTS, ETC. and he is a supervising employee for the company. Sam lives and works in the state of California. Deborah has been working for AUTO PARTS, ETC. since 2012. She started as a driver and has worked her way up to become a Commercial Manager for the company. She is also a supervising employee for the company. Deborah also lives and works in the state of California. Sam is not Deborah's supervisor in any capacity. They are considered coworkers, even though they are both supervisors for the company. Since at least 2016, Deborah has been dealing with Sam's inappropriate behavior. The instances below are only a few examples of the types of behavior Deborah has been dealing with, nearly on a daily basis: - Sam complains to Deborah about how unhappy he is in his marriage. Sam also reveals to Deborah that he is having an extramarital affair with a Female, a store manager at a different AUTO PARTS, ETC. location. - Sam expresses his obsession with his male private parts on a daily basis to Deborah. He brags about his "big package" and how he "broke" Female because she was a lesbian that he "converted". - Sam constantly asks Deborah if he could use her apartment to have sex with Female. Deborah always says no and tells him to stop talking like this to her. - Sam sends Deborah unsolicited photos of his privates on a regular basis. - Sam calls Deborah every day during working hours and rants about sex. Many times, Sam would text Deborah asking whether or not she was "alone" or to inform him when she was on lunch so that he could message or call her. He would share his sexual escapades with her on a regular basis. - If Deborah didn't respond or call fast enough, Sam would call the AUTO PARTS, ETC. store Deborah worked at, asking for her and demanding that she provide a response. - Sam would always mention to Deborah how "on edge" he felt. - Sam propositioned Deborah for sex several times as well. He would ask Deborah if she wanted to "hang out" with them. Deborah would always say no and express her disgust with him. - Sam even sent Deborah pictures of him being intimiate with other women. This continued for nearly 5 years. During that time, Deborah complained on at least 3 separate occasions to her direct supervisor, Joanne. Deborah urged Joanne to control Sam and to stop his behavior. However, at each instance, Joanne would simply say she didn't want to deal with it, that she wasn't interested in seeing the texts and pictures, to get rid of them from her phone, to keep her head down, that she had a lot to lose in this industry if she talked about it, and just to keep working and her mouth shut. Deborah felt as if Sam had some sort of leverage over Joanne, and if Deborah did anything to make Sam angry, Deborah's job would be on the line. That is why she continued to just try and focus on her work. She was a single mom, taking care of her 4 young children. She could not jeopardize losing her job. But Sam's actions took a mental toll on her. There were days when she would come home, feeling filthy after having to endure Sam's messages and calls. She'd cry to 4 herself in the shower before coming out and making dinner for her young kids, as if nothing had happened. She gained over 30 pounds and had to be placed on blood pressure medicine as well. In early 2021, Sam began preying on one of Deborah's younger coworkers. This coworker had only been working for a month when Sam tried to befriend her by asking her to "hang out." This younger coworker was also a lesbian, and Sam indicated to Deborah that he'd like to "go where no man had gone before." The coworker felt how creepy Sam was and also complained to Joanne. Joanne told the coworker to ignore it. Around that same time, in 2021, Deborah was having lunch at home, on her day off when Sam called her and asked if he could come over for lunch. Deborah said absolutely not, and she began berating him and telling him to stop preying on female employees of the company. That is when Sam lost it and told Deborah she "should have just let him come over for lunch" and that she was going to pay for this. The next day, Sam wrote an e-mail to Joanne about what a horrible employee Deborah allegedly was, despite the fact that Deborah had never received a negative performance review during her entire career at AUTO PARTS, ETC. When Joanne approached Deborah about the e-mail and talk about it, Deborah knew she could no longer work there. Deborah submitted her resignation right then and there. AUTO PARTS, ETC. had a policy of paying out employees who left on good terms with a $2,000 bonus. When Deborah asked when she'd be receiving the bonus, Joanne mentioned that she wouldn't be - because she was being marked as terminated. Deborah is livid and wants AUTO PARTS, ETC. to pay for what it did. She does some homework and submits a complaint with the California Department of Fair Employment and Housing ("DFEH"). She gets a Right to Sue Notice, but she doesn't know what to do next. Deborah now comes to you for some advice.

Outline answers in IRAC format

1. Does the Fair Employment & Housing Act apply to Auto Parts, ETC? And Why?

2. Applying California Law what additional non-FEHA claims can Deborah file against AUTO PARTS ETC. ?

3 Applying California Law what potential employment claims does Deborah have against Auto Parts Etc. under FEHA?

4. Applying Ca Law would Debora be able to pursue any claims against Sam individually?

5. Does Deoborah's coworker have a potential employment claim against either AUTO PARTS, ETC. and or Same Pursuant to FEHA?