Smith was employed by Jiffy Lube. Fifty Jiffy Lube employees including Smith and his supervisors attended a meeting at which Pumerol, a BP representative, provided information on the company’s new product and how it should be used in Jiffy Lube’s work. During the meeting Pumerol made three derogatory comments about Smith, an African-American, including a reference to his “Banana Hands/” The white employees laughed at all three remarks. This opinion holds that the trial court properly sustained Pumerol’s and BP’s demurrer to Smith’s claim under Gov. Code 12940(i) for aiding and abetting employment discrimination becuase the complaint did not allege that either defendant knew that Jiffy Lube was discriminating against or harassing Smith due to his race, and it also failed to allege facts showing that either defendant gave Jiffy Lube substantial assistance or encouragement in its alleged FEHA violation. However, the decision holds that the demurrer was improperly sustained as to Smith’s intentional infliction of emotional distress and Unruh Act claims. A jury could conclude that Pomerol’s three derogatory comments made in front of Smith’s co-workers and supervisors was extreme and outrageous conduct. The meeting on behalf of BP, a business establishment to train JiffyLube employees in the use of a BP product was a business establishment to which the Unruh Act applied even though it was not open to the public. Oral harassment of a client or customer of the business establishment due to his race denied him equal treatment in some aspects of the business. That was sufficient to establish an Unruh Act violation.