Category Archives: Disability

November 2022 California Employment Law Notes

We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

School District Employee May Have Been Discriminated Against On The Basis Of A Disability

By Tony Oncidi on November 23, 2022 Posted in Disability, Discrimination, Employment Applications, FEHA, Reasonable Accommodation, Retaliation

Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position. Although she received an offer for a full-time position, it was contingent upon her passing a … Continue Reading

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case

By Tony Oncidi on October 9, 2022 Posted in California Labor Code, Disability, Discrimination, Labor Code § 132, Retaliation, Statute of Limitations, Whistleblowers

Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022) Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5). Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the … Continue Reading

May 2022 California Employment Law Notes

We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

Former Employee Adequately Alleged Disability Under The ADA

By Tony Oncidi on May 25, 2022 Posted in ADA, Disability, Leaves of Absence

Shields v. Credit One Bank, N.A., 2022 WL 1436839 (9th Cir. 2022) Karen Shields worked as an HR Generalist for Credit One Bank before her position was eliminated, which occurred after she took a medical leave of absence as an accommodation under the ADA. The district court granted the Bank’s motion to dismiss on the … Continue Reading

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

By Tony Oncidi and Wesley C. Shelton on May 25, 2022 Posted in California Labor & Employment Law, Coronavirus, COVID-19, Disability, FEHA

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose employment was terminated after she contracted COVID. Roman claimed that her job should have been protected by the California Fair Employment … Continue Reading

Spring Showers Bring Job Killer Bills to California

By Sehreen Ladak and Philippe A. Lebel on April 18, 2022 Posted in Attorney's Fees, California Labor & Employment Law, California Labor Code, Class Actions, Disability, Discrimination, Drug Policies, Drug Testing, Employment Policies, FEHA, New and Proposed Laws and Legislation, Payroll, Reasonable Accommodation, Reporting Requirements, Retaliation, Wage and Hour, Workers Compensation

Pablo Neruda once said “you can cut all the flowers but you cannot keep spring from coming.” Likewise, California businesses’ protests against oppressive employment legislation don’t seem to stem the tide of the Legislature’s latest batch of anti-employer bills. The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills … Continue Reading

January 2022 California Employment Law Notes

By Tony Oncidi on January 20, 2022 Posted in Attorney's Fees, California Labor & Employment Law, California Labor Code, Class Actions, Disability, Discrimination, Employment Law Notes, Harassment, Jury verdicts, Labor Code § 226, PAGA, Retaliation, Settlement, Sexual Harassment, Wrongful Termination

We invite you to review our newly-posted January 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Manicurist Can Proceed With Hostile Work Environment Claim “Volunteers for Nonprofits Are Not Employees” – Court Affirms Order In Favor Of The American Film Institute … Continue Reading

Security Officer Can Proceed With Disability Discrimination And Wrongful Termination Claims, But Not Retaliation Claim

By Tony Oncidi on January 20, 2022 Posted in Disability, Discrimination, Retaliation, Wrongful Termination

Zamora v. Security Indus. Specialists, Inc., 71 Cal. App. 5th 1 (2021) David Zamora sued his former employer, Security Industry Specialists, Inc. (“SIS”), for disability discrimination, wrongful termination and retaliation. Eight days after he was hired, Zamora tripped over a curb at work and twisted his left knee. Zamora was later laid off as part … Continue Reading

Nurse’s Discrimination Claims Against Hospital Were Properly Dismissed

By Tony Oncidi on January 20, 2022 Posted in California Labor & Employment Law, Disability, Discrimination, Wrongful Termination

Wilkin v. Community Hosp. of the Monterey Peninsula, 71 Cal. App. 5th 806 (2021) Kimberly Wilkin worked as a registered nurse for the Community Hospital of the Monterey Peninsula before the hospital terminated her employment following its discovery she had violated the hospital’s policies governing the handling and documentation of patient medications. After her termination, … Continue Reading

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

By Tony Oncidi and Ariel Brotman on September 8, 2021 Posted in California Labor & Employment Law, Disability, Discrimination, Jury verdicts, Reasonable Accommodation, Wrongful Termination

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against based upon a medical condition and disability (thyroid cancer). Albert Garcia and his wife Stephanie Garcia sued Gresham Apartments Investors, owners … Continue Reading

Federal Court in California Greenlights Drug Testing of Job Applicants

By Tony Oncidi and Michelle Lappen on August 5, 2021 Posted in Disability, Discrimination, Drug Policies, Drug Testing

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test. Espindola v. Wismettac Asian Foods, Inc., Case 2:20-cv-03702 (C.D. Cal. Apr. 28, 2021). The Court held that an employer can condition an offer of employment … Continue Reading

July 2021 California Employment Law Notes

By Tony Oncidi on July 28, 2021 Posted in Anti-SLAPP, California Labor & Employment Law, Class Actions, Computer Fraud and Abuse Act, Disability, Discrimination, Diversity and Inclusion, Harassment, Independent Contractors, Jury verdicts, Meal Periods and Rest Breaks, Religion, Title VII, Wrongful Termination

We invite you to review our newly-posted July 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Board of Directors Quota Law May Be Unconstitutional 2:1 Ratio of Punitive to Compensatory Damages Was Appropriate High School Football Coach’s Title VII Claim Was … Continue Reading

2:1 Ratio of Punitive to Compensatory Damages Was Appropriate

By Tony Oncidi on July 28, 2021 Posted in Disability, Discrimination

Contreras-Velazquez v. Family Health Ctrs. of San Diego, Inc., 62 Cal. App. 5th 88 (2021) Rosario Contreras-Velazquez sued her former employer, Family Health Centers (“FHC”), for disability discrimination after she suffered a work-related injury and was terminated. A jury found FHC not liable, but the trial court ordered a new trial as to three claims; after … Continue Reading

March 2021 California Employment Law Notes

By Tony Oncidi on March 19, 2021 Posted in ABC Test, ADA, California Labor & Employment Law, California Labor Code, CFRA, Class Actions, Disability, FEHA, FLSA, FMLA, Meal Periods and Rest Breaks, PAGA, Wage and Hour, Wrongful Termination

We invite you to review our newly-posted March 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System Supreme … Continue Reading

LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System

By Tony Oncidi on March 19, 2021 Posted in ADA, Disability, FEHA

Brown v. Los Angeles Unified School Dist., 2021 WL 631030 (Cal. Ct. App. 2021) Laurie Brown, a teacher at Millikan Middle School, alleged she experienced chronic pain, which was allegedly caused by a new Wi-Fi system the school had installed. Brown’s medical provider diagnosed her with “electromagnetic hypersensitivity sensitivity” (EHS). Brown eventually quit, claiming she could … Continue Reading

Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims

By Tony Oncidi on March 19, 2021 Posted in CFRA, Disability, Wrongful Termination

Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021) George Choochagi worked as a technical support manager for Barracuda Networks where he reported to Hossein Ghazizadeh. Choochagi complained to HR that Ghazizadeh had made inappropriate sexual comments to him about having sex with women at the office and about Choochagi’s not being “man enough” … Continue Reading

Nike “Just Does It” – Retail Employees Will Wear Transparent Masks

By Tony Oncidi and Dylan K. Tedford on February 3, 2021 Posted in ADA, California Labor & Employment Law, Class Actions, COVID-19, Disability

Last summer, Nike began requiring its retail employees to wear masks to combat the spread of COVID-19. A few weeks later, Cali Bunn entered one of its San Diego-area stores to purchase some shoes. Ms. Bunn is deaf and, like other deaf and hearing-impaired customers, relies on her ability to read other’s lips to communicate. … Continue Reading

January 2021 California Employment Law Notes

By Tony Oncidi on January 28, 2021 Posted in Age discrimination, Breach of Contract, Class Actions, Disability, EEOC, FMLA, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Payroll, Pro Hac Vice, Reasonable Accommodation, Sexual Harassment, Title VII, Wage and Hour

We invite you to review our newly-posted January 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Bank Employee Who Was Harassed By A Customer Can Proceed With Sexual Harassment Claim Laid-Off Employee Was Not Discriminated Against On The Basis Of Age … Continue Reading

Court Reverses $2.9 Million Jury Verdict For Failure To Accommodate Employee’s Disability

By Cole Lewis on January 28, 2021 Posted in Disability, Reasonable Accommodation

Shirvanyan v. Los Angeles Community Coll. Dist., 2020 WL 7706321 (Cal. Ct. App. 2020) Anahit Shirvanyan, a former kitchen assistant employed by the District, alleged the District failed to reasonably accommodate and/or engage in the interactive process with her based upon two injuries she had suffered (a wrist injury from carpal tunnel syndrome and a … Continue Reading

May 2020 California Employment Law Notes

By Tony Oncidi on May 19, 2020 Posted in ADA, Anti-SLAPP, Class Actions, Disability, Discrimination, Employer Liability for Worker's Actions, Employment Policies, FCRA, Gender discrimination, Harassment, Hiring, Negligence, Off-the-clock Issues, Retaliation, Sexual Harassment, Vacation or PTO, Wrongful Termination

We invite you to review our newly-posted May 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee … Continue Reading

Court Orders Higher Prevailing-Plaintiff Attorneys’ Fees In Disability Discrimination Case

By Tony Oncidi on May 19, 2020 Posted in Disability, Discrimination

Caldera v. California Dep’t of Corrs. & Rehab., 2020 WL 2109751 (Cal. Ct. App. 2020) Augustine Caldera is a correctional officer at a state prison who stutters when he speaks. Caldera alleged that the prison’s employees, including a supervisor, “mocked and mimicked” his stutter at least a dozen times over a period of two years. … Continue Reading

After-Acquired Evidence Was Properly Used To Defeat ADA Claim

By Tony Oncidi on May 19, 2020 Posted in ADA, Disability

Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her employment application, she lacked the bachelor’s degree that was required of all technical writers under the employer’s government contract. The … Continue Reading

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