In 2007, plaintiff David Scallon, 42, a white staff specialist employed by Orange County’s Treasurer-Tax Collector division, allegedly began to be sexually harassed by his supervisor. Scallon claimed that, throughout his employment, he was refused promotions and tuition reimbursement because of his age, gender and race. In addition, he claimed that he was subjected to a hostile work environment after making complaints about the discrimination and sexual harassment. Scallon sued the Orange County Treasurer-Tax Collector and the Orange County Employees Retirement System. Scallon alleged that the defendants’ actions constituted age, race and gender discrimination. He also alleged that the defendants failed to prevent discrimination and created a hostile work environment. The Orange County Employees Retirement System was dismissed when its demurrer was sustained. As a result, the Treasurer-Tax Collector division was the only remaining defendant at trial. The county denied Scallon’s allegations in their entirety. The county’s counsel contended that the county is an equal-opportunity employer that uses a colorblind candidate selection process and that Scallon was not selected for the positions to which he applied because he was not the best-qualified applicant. Counsel also contended that each of Scallon’s complaints about alleged discrimination and harassment were thoroughly investigated and could not be substantiated., Scallon continues to work for the county, but he claimed that he suffered a loss of income as a result of being denied promotions and tuition reimbursement. He also claimed that as a result of the actions against him, he suffered emotional distress that sometimes resulted in physical , such as asthma and skin problems. Scallon sought recovery of past and future medical expenses, and past and future loss of wages and benefits. He also sought recovery of damages for his physical and emotional pain and suffering.