Tru Lee was employed by ABC Pharmacy as a pharmacy technician for approximately four years, from July 2015 to October 4, 2019. At all relevant times, ABC Pharmacy employed approximately 25 employees.

Tru worked 5 days per week, and occasionally on Saturdays. Her duties included, but were not limited to, typing up prescriptions, communicating with physicians' offices, occasionally filling prescriptions, making and answering phone calls, and conducting inventory for the pharmacy. When she left ABC Pharmacy in 2019, her hourly rate was $18.00 per hour.

During her entire employment, Tru worked a significant amount of double time each day (i.e. over 12 hours a day) for which she was compensated at only 1.5 times her regular rate of pay instead of the required double rate. Time records and corresponding paycheck stubs confirm this.

During her entire employment, ABC Pharmacy had a policy of actually discouraging employees, including Tru, from taking an uninterrupted meal period. For instance, ABC expressed its "preference" to have Tru on-site for all her lunch breaks. Tru had to actually stay inside the building during her meal periods, and the owner of the pharmacy would become "antsy" if she didn't know where Tru was during her lunch break. In fact, the time records show that Tru never was able to take a lunch break or a rest break, as required by law and would often feel tired, light headed, and dizzy when she had to work extremely long shifts.

Tru was also never given the opportunity to take a second meal break if she worked over 10 hours in a day, despite the law requiring it.

Tru began seeing a medical doctor while she was employed at ABC Pharmacy for blurry vision, and the doctor said Tru was suffering from exhaustion due to working excessive hours (e.g. often times 16-20 hours a day). Tru's doctor gave her a medical note and recommended that Tru work no more than 8 hours a day and take at least 15 minutes of rest for every 3 hours of work. When Tru showed the note to her boss, her boss told her that Tru was using this as an excuse to take a nap during working hours.

Tru questioned ABC Pharmacy's policies and potential violations of CA labor laws, however, the owner would often yell and tell Tru she should not complain because she gets nice gifts as bonuses, like iPads or expensive purses. Tru needed this job to help out her parents, who were in financial hardship, so she endured the violations.

What was most egregious, however, was the verbal abuse and harassment Tru suffered by the owner, Ms. Luu. Specifically:

• Ms. Luu would question Tru about where she was nearly ever second of the day, even during her days off, asking her who she was hanging out with, if she was dating anybody, or if she was hanging out at bars, "looking for action";

• Ms. Luu would regularly scream at Tru during working hours, screaming that she "f--- ed" things up and that Tru needs to really "exercise" her "brain cells";

• Ms. Luu would regularly accuse Tru of "sleeping around" and indicated that that was the reason why Tru needed to take "naps"

• When Tru wanted a day off, Ms. Luu accused Tru of being promiscuous, sleeping around during the weeknights, being more interested in boys than in her job;

• When Tru indicated that she was dizzy because she was being forced to work excessive hours without taking breaks, Ms. Luu accused her of probably being pregnant, which was the reason why she was not feeling well.

Tru continued seeing the doctor during her employment, and eventually treated with a therapist who diagnosed her with having severe anxiety and distress caused by her employment. The therapist recommended Tru take a leave of absence for 3 weeks, and wrote a note for her. When Tru presented the note to her employer, it was rejected for just wanting to go on a vacation with Tru's boyfriend.

Ms. Luu's behavior continued during the entire time Tru was employed by ABC Pharmacy. After working there for 4 years, Tru realized she could no longer endure the manipulation and abuse, and quit on October 4, 2019. After quitting, Tru finds the courage to speak with a lawyer who advises her of the potential employment claims Tru has. The lawyer obtains a Right to Sue Notice on behalf of Tru shortly after they meet.

1. Can Tru pursue any claims against ABC Pharmacy under the Fair Employment & Housing Act ("FEHA")? Go through each step in your analysis and explain whether FEHA applies in this situation.

1. Assuming the answer to the first question is in the affirmative, identify any and all potential employment claims Tru has against her employer under FEHA and explain why. Once again, be sure to identify each potential claim, listing the elements, and applying the facts to the law.

1. Can Ms. Luu be held personally liable for any of the employment claims you identified in question no. 2, as opposed to only naming the employer company? Which claim can Ms. Luu potentially be held personally liable for? Why or why not?