On Feb. 19, 2010, Abas Idris, 27, a security guard of Eritrean ancestry, resigned from his job. Idris, a practicing Muslim who was raised in San Jose, was hired by Advanced-Tech Security Services, which is owned by Andrews International, on Sept. 1, 2007. He claimed that during his employment, he was subjected to a hostile and discriminatory work environment, and that no action was taken to reprimand the individuals. He also claimed that his complaints were not taken seriously and that he feared for his safety because of the hostile work atmosphere due to his race and religion. Thus, he claimed he was constructively discharged. Idris sued Advanced-Tech Security Services, Andrews International and his supervisor, Michael Hephner. Idris claimed that, in January 2008, he made a formal complaint to human resources about a racist statement that the account manager for the company made, but was told to he must have misunderstood the statement and to let it go. He alleged that in July 2008, his supervisor at the time questioned him on the 5 Pillars of Islam and that the same lead supervisor, in September 2008, told him a racist joke. Idris claimed he again made a complaint, this time to the account manager, but heard nothing back. He also claimed that in October 2008, after he returned from an approved vacation, he was not given his vacation pay until weeks later. Idris contended that this was a form of retaliation for the complaints he made against his supervisor. Idris further claimed that in April of 2009, his then supervisor, Hephner, asked if he was a Muslim and that when he said he was, Hephner went on a rant with statements like, “Muslims kill gay people and women and any person they don’t like.” Idris alleged that the harassment began with that conversation and continued for nine months. However, he claimed that despite his complaints, nothing was investigated. Idris claimed that in January of 2010, another co-worker called him a “terrorist” and a “member of Al Quaeda.” In addition, he claimed that Hephner consistently treated him in a racist and hostile manner, and that the regional director called him a “rat with an agenda.” Hephner denied the allegations made by Idris, claiming that he never made any of the alleged racist comments. He further denied the alleged hostile treament, and claimed that he never treated Idris in a racist or hostile manner. The defendants all denied any wrongdoing. Advanced-Tech and Andrews International denied Idris ever complained to human resources regarding the alleged comments. They also claimed that Idris was promoted to a supervisory position and that his requests for schedule changes were accommodated. Advanced-Tech and Andrews International admitted that there were payroll discrepancies, but claimed that they were not retaliating against Idris. Instead, the companies claimed that the discrepancies occurred throughout the organization and affected almost all employees when they utilized the services of a new payroll company. Defense counsel asserted that Andrews International is an Equal Opportunity Employer with a diverse workforce and that it employs people of every race, national origin and religious background. Counsel added that Andrews International’s policies and procedures prohibit unlawful employment discrimination or harassment, and that it does not condone discrimination or harassment of any kind., Idris claimed he suffered great derision and embarrassment with fellow workers and friends, as well as with members of the community. He also claimed that he suffered emotional distress because the defendants demonstrated they would not accept him as an employee based on his race and/or religion. He alleged that as a result, he was forced to resign, causing a loss of income. Idris eventually graduated from San Francisco State University in May 2010 and found work as a security guard in May 2011 at another firm. Thus, he sought recovery of damages for his past lost wages and emotional distress. Defense counsel denied Idris suffered any emotional distress.