Pardi v. Kaiser Found. Hosp., 389 F.3d 840 (9th Cir. 2004)

Stephan Pardi, a licensed respiratory care practitioner, sued Kaiser for violations of the Americans with Disabilities Act (ADA), intentional infliction of emotional distress, intentional interference with prospective economic advantage and breach of contract. In January 2000, Kaiser, Pardi and Pardi’s union entered into a Settlement Agreement and General Release to resolve an earlier series of grievances and EEOC claims Pardi had filed. By the terms of the agreement, Pardi resigned his employment (in place of the earlier termination of his employment for multiple acts of alleged misconduct) and waived all of his claims, and Kaiser paid him $130,000. Six months after Kaiser had reported Pardi’s termination to the Respiratory Care Board (RCB) and two weeks after the settlement, a senior investigator with the Department of Consumer Affairs contacted Kaiser’s Human Resources Department regarding allegations that Pardi had falsified medical records and acted unprofessionally. In response to the investigator’s subpoena, Kaiser released Pardi’s files, which had not yet been "revised" to show he had resigned and had not been terminated. Additionally, Kaiser allegedly failed to provide files to the investigator that could have supported Pardi’s explanation of the alleged misconduct. As a result of the investigation, the RCB temporarily suspended Pardi’s certification to practice and later required him to undergo a psychiatric evaluation before renewing his certificate. Kaiser also allegedly failed to respond to requests for information about Pardi that came from one of Pardi’s prospective employers. The Ninth Circuit reversed the trial court’s dismissal on summary judgment of Pardi’s breach of contract claim on the ground that Kaiser apparently had failed to take "prompt steps to vacate the termination and enter Pardi’s resignation" before the investigator examined the file. The Court also reversed the dismissal of Pardi’s ADA claim on the ground that Kaiser may have discriminated and retaliated against Pardi on the basis of his alleged disability (depression) in its interactions with the investigator. The Court rejected Kaiser’s argument that its actions in connection with the investigation were protected by the state litigation privilege. The Court affirmed dismissal of the emotional distress claim on the ground that Pardi had failed to establish sufficiently outrageous conduct on Kaiser’s part and of the interference claim on the ground that it was not sufficiently probable that Pardi would have been hired by the prospective employer but for Kaiser’s alleged refusal to verify Pardi’s employment.

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law…

Anthony J. Oncidi is the Co-Chair Emeritus of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.