In November 2015, claimant Ayesha Faiz, a telemarketing supervisor who was of Afghan descent, began working for Fidelity Home Energy Inc., a solar and home energy company based in San Leandro. She claimed that she was forced to refuse potential customers who were perceived to be Middle Eastern or Indian and that she was forced to direct her subordinates to do the same. Faiz quit after a few weeks of employment because of the alleged stress of the position. The U.S. Equal Employment Opportunity Commission first attempted to reach a pre-litigation settlement through its voluntary conciliation process. However, it eventually sued Fidelity Home Energy Inc.; a believed successor of Fidelity Home Energy, NorCal Home Systems Inc.; and Fidelity Home Energy’s president, Bradley Smith. The EEOC alleged that the defendants created a hostile work environment, ultimately causing Faiz’s constructive discharge. It also alleged that the defendants’ actions constituted national origin discrimination in violation of Title VII of the Civil Rights Act of 1964. Faiz, acting as an intervening plaintiff, claimed that she learned that all potential customers perceived to be Middle Eastern or Indian were to be rejected for sales appointments for home energy systems and that she was forced to refuse appointments to those potential customers on a daily basis. She also claimed that the companies’ supervisors flagged those nationalities in an internal database and placed them on a “do not call” list. Defense counsel denied there was any alleged discrimination and if there was, counsel denied the defendants were liable for any alleged actual or perceived discrimination., Faiz claimed that she suffered a loss of earnings as a result of being forced to quit her job. She also alleged that she suffered from emotional distress as a result of the situation. Faiz sought recovery of lost wages and damages for her emotional pain and suffering.