Lawler v. Montblanc N. Am., LLC, 704 F.3d 1235 (9th Cir. 2013) Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress (“IIED”) associated with the termination of her employment. The district court granted summary judgment in favor of Montblanc, and the Ninth Circuit Court of Appeals affirmed, holding that Montblanc had… Continue Reading
Category Archives: Disability
Subscribe to Disability RSS FeedPolice Officer Who Had Heart Attack Could Not Perform Essential Functions Of Administrative Job
Posted in Disability, Discrimination, Employment Law Notes, FEHALui v. City and County of San Francisco, 211 Cal. App. 4th 962 (2012) After suffering a major heart attack, Kenneth Lui retired from his position as a police officer with the San Francisco Police Department. After the Department informed him there were no administrative positions available that did not require him to perform the… Continue Reading
Physician’s Wrongful Termination And Discrimination Claims Were Properly Dismissed
Posted in Disability, Discrimination, Employment Law Notes, RetaliationTeacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment
Posted in ADA, Disability, Employment Law Notes, Religion, Supreme Court, Wrongful TerminationHosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination… Continue Reading
Teacher With Expired Teaching Certificate Was Not “Qualified” Within The Meaning Of The ADA
Posted in ADA, Disability, Discrimination, Employment Law Notes, Reasonable AccommodationJohnson v. Board of Trustees, 2011 WL 6091313 (9th Cir. 2011) Patricia Johnson, who had a history of depression and bipolar disorder, taught special education for a school district in Idaho for a decade. Before her teaching certificate expired in 2007, Johnson failed to take sufficient college courses to obtain a renewal of the certificate… Continue Reading
Section 1981 Claim Is Subject to Four-Year Statute of Limitations
Posted in Disability, Employment Law Notes, RetaliationJohnson v. Lucent Techs. Inc., 653 F.3d 1000 (2011) In 2008, Russell H. Johnson, III, an African-American, sued Lucent and the administrator of his disability insurance benefits for retaliation in violation of Title VII, violation of 42 U.S.C. § 1981 and intentional infliction of emotional distress in retaliation for his filing suit against Lucent in… Continue Reading
Employee Who Provided False SSN and Other Information Was Barred from Suing for Disability Discrimination
Posted in Disability, Discrimination, Employment Law Notes, Employment Verification, Form I-9, Immigration, Resident EmployeesSalas v. Sierra Chem. Co., 198 Cal. App. 4th 29 (2011) Vicente Salas worked on Sierra Chemical’s production line, filling containers with various chemicals. At the time of his hire, Salas provided Sierra with a resident alien card and a Social Security card and signed an Employment Eligibility Verification Form (I-9 Form). After allegedly injuring… Continue Reading
ADA “Impliedly Amended” The National Bank Act’s Termination-at-Pleasure Clause
Posted in ADA, Disability, Employment Law Notes, FEHAQuinn v. U.S. Bank, N.A., 196 Cal. App. 4th 168 (2011) Robert Quinn, a former senior vice president of U.S. Bank, alleged he was denied accommodation, harassed and terminated because of a physical disability in violation of the Fair Employment and Housing Act. U.S. Bank obtained summary judgment from the trial court on the ground… Continue Reading
The State Bar Labor and Employment Law Section Presents 2011 Employment Law Update: A Mid-Year Review of Recent Developments
Posted in Computer and Internet Use, Disability, News, Supreme Court, Wage and HourOn Wednesday, June 22, from 12:00 to 1:00 p.m., Anthony Oncidi of Proskauer and plaintiff-side attorney, Andrew Friedman of Helmer Friedman LLP, will summarize the latest developments and discuss the practical implications of this year’s most significant employment decisions. Among other developments, attendees will hear about the new U.S. Supreme Court rulings regarding the “cat’s… Continue Reading
Telecommunications Installer’s Disability Discrimination Claim Was Properly Dismissed On Summary Judgment
Posted in Disability, Discrimination, Employment Law Notes, FEHA, Reasonable Accommodation, Wrongful TerminationDFEH v. Lucent Technologies, Inc., 642 F.3d 728 (2011) The California Department of Fair Employment and Housing and Steven Carauddo alleged Lucent violated the Fair Employment and Housing Act when it terminated Carauddo’s employment as an installer because he could not lift more than 30 pounds due to a back injury. The district court granted… Continue Reading
Employee With Bipolar Disorder Who Threatened Co-Workers Was Not Discriminated Against On The Basis Of Her Disability
Posted in Disability, Discrimination, Employment Law Notes, Leaves of AbsenceWills v. Superior Court, 194 Cal. App. 4th 312 (2011) Linda Wills, who worked as a clerk for the Orange County Superior Court, was terminated from her employment after she told co-workers she was going to add them to her “Kill Bill” list and forwarded a cell phone ringtone to several people, including a co-worker,… Continue Reading
Rehabilitated Drug Addict’s Disability Claims Were Properly Dismissed
Posted in ADA, Disability, Drug Policies, Employment Law Notes, FLSALopez v. Pacific Maritime Ass’n, 636 F.3d 1197 (2011) When Santiago Lopez first applied to be a longshoreman in 1997, his application was rejected because he tested positive for marijuana. The PMA, which represents the shipping lines, stevedore companies and terminal operators that run the ports along the west coast, follows a “one-strike rule,” which… Continue Reading
Employee Could Proceed With Disability Discrimination And Harassment Claims
Posted in Disability, Discrimination, Employment Law Notes, Reasonable Accommodation, Workers CompensationStiefel v. Bechtel Corp., 624 F.3d 1240 (2010) James Richard Stiefel worked for Bechtel as an ironworker at a power plant. Five weeks before he was laid off, Stiefel injured his left hand while on the job. In his lawsuit, Stiefel alleged Bechtel laid him off as part of a “medical reduction in force,” which… Continue Reading
Stroke Victim Could Proceed With Disability And Age Discrimination Claims
Posted in ADEA, Disability, Discrimination, Employment Law NotesSandell v. Taylor-Listug, Inc., 188 Cal. App. 4th 297 (2010) Robert Sandell began his employment as vice president of sales with Taylor-Listug in February 2004. Six months later, while on a six-month sabbatical from work, Sandell suffered a stroke (following a chiropractic adjustment). When Sandell returned to work in October, he was using a cane… Continue Reading
Supreme Court Approves Denial Of Employee’s Request For $871,000 In Attorney’s Fees
Posted in Disability, Discrimination, Employment Law Notes, FEHA, RetaliationChavez v. City of Los Angeles, 47 Cal. 4th 970 (2010) Over the course of six years, Robert Chavez, a Los Angeles Police Department officer, and his wife filed multiple lawsuits against the LAPD and other members of the LAPD, alleging a variety of claims involving discrimination, harassment and retaliation. In this particular lawsuit, Chavez… Continue Reading
Employer Was Entitled To Summary Judgment In Disability Discrimination Case
Posted in Disability, Discrimination, Employment Law Notes, Reasonable Accommodation, Retaliation, Serious Health ConditionsScotch v. Art Inst. of Cal.-Orange County, Inc., 173 Cal. App. 4th 986 (2009) Carmine Scotch sued his former employer, the Art Institute of California-Orange County, Inc. (“AIC”) for discrimination based on his disability (HIV), failure to make reasonable accommodation, failure to engage in the required interactive process, failure to maintain a workplace free of… Continue Reading
County Did Not Discriminate Against Employee With Rare Blood Disease
Posted in Disability, Discrimination, Employment Law Notes, FEHA, Reasonable AccommodationWilson v. County of Orange, 169 Cal. App. 4th 1185 (2009) Julie Ann Wilson worked as a radio dispatcher for the Orange County Sheriff’s Department’s emergency communications system. Wilson sued the County for disability discrimination under the Fair Employment and Housing Act (“FEHA”) on the ground that it allegedly had failed to make reasonable accommodation… Continue Reading
Diabetic Employee Was Protected Under Americans With Disabilities Act
Posted in Disability, Discrimination, Employment Law NotesRohr v. Salt River Project Agric. Improvement & Power Dist., 2009 WL 349798 (9th Cir. 2009) Larry Rohr, an insulin-dependent type 2 diabetic, brought suit for employment discrimination under the Americans with Disabilities Act (“ADA”). The district court granted the employer’s motion for summary judgment on the grounds that he failed to raise a material… Continue Reading
Catering Employee Could Proceed With Family Leave Claim, But Not Disability Claim
Posted in Disability, Discrimination, Employment Law Notes, Serious Health ConditionsAvila v. Continental Airlines, Inc., 165 Cal. App. 4th 1237 (2008) Henry Avila sued his employer, Chelsea Food Services (a division of Continental Airlines), following his termination for excessive absences from work. Avila sued for disability discrimination and for violation of his rights under the California Family Rights Act (“CFRA”). The trial court granted summary… Continue Reading
Employee Who Reported Disability During Investigation Into His Alleged Wrongdoing Was Not Discriminated Against
Posted in Disability, Discrimination, Employment Law Notes, Reasonable AccommodationArteaga v. Brink’s, Inc., 163 Cal. App. 4th 327 (2008) Brink’s employee Carlos Arteaga was the subject of an internal investigation into various shortages totaling $7,668 that occurred while he was acting in his capacity as an ATM messenger. The investigation was conducted after one of Arteaga’s managers noticed there had been 16 shortages in… Continue Reading
Marijuana Compassionate Use Act Did Not Protect Employee From Termination
Posted in Disability, Discrimination, Drug Policies, Employment Law NotesRoss v. Ragingwire Telecommunications, Inc., 42 Cal. 4th 920 (2008) In accordance with the Compassionate Use Act of 1996 (Proposition 215), Gary Ross had a physician’s recommendation to use marijuana for his chronic back pain. Ragingwire offered Ross a job as a lead systems administrator subject to his passing a drug test, which he failed… Continue Reading
UPS May Not Have Violated The ADA By Excluding Deaf Drivers Who Failed To Satisfy DOT Hearing Standard
Posted in Disability, Discrimination, Employment Law NotesBates v. United Parcel Serv., 511 F.3d 974 (9th Cir. 2007) (en banc) One of the requirements applied by UPS to those applicants seeking to drive the familiar brown “package cars” was that they pass the physical examination (including a hearing exam) that the DOT requires of drivers of commercial vehicles of a gross vehicle weight… Continue Reading
Temporary County Employee Was Not Discriminated Against On The Basis Of Her Disability
Posted in Disability, Employment Law NotesJenkins v. County of Riverside, 138 Cal. App. 4th 593 (2006) Evelyn Jenkins worked as a full-time “Office Assistant II” for the County for six years before her employment was terminated. During the entire six years, Jenkins was classified as a “temporary employee.” After taking a workers’ compensation leave of absence and having surgery for… Continue Reading
90-Day Period For Employer To Deny Workers’ Compensation Liability Runs From Date Claim Was Filed
Posted in Disability, Employment Law Notes, Workers CompensationHoneywell v. WCAB, 35 Cal. 4th 24 (2005) William Wagner, a sheet metal specialist for Honeywell, claimed work-related injuries to his body and psyche due to employment. On July 20, 1998, Wagner made statements that management was prejudiced against him and hampered his promotion and transfer, that he could not “take it anymore,” and that… Continue Reading