Discrimination

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Herr v. Nestlé U.S.A., Inc., 109 Cal. App. 4th 779 (2003)

Richard Herr alleged age discrimination in violation of the California Fair Employment and Housing Act (FEHA) against his former employer, Nestlé, and obtained a jury verdict in the amount of $5,163,600. Herr also successfully asserted a claim under the Unfair Competition Law (UCL) in which he obtained equitable relief from the trial court…

State of Cal. Dep’t of Rehabilitation v. WCAB, 30 Cal. 4th 1281 (2003)

Ronald Lauher worked as a rehabilitation counselor for the California Department of Rehabilitation for 25 years before submitting a claim for workers’ compensation benefits based on work-related stress and depression. After Lauher was diagnosed with Gerstmann’s Syndrome (a brain lesion that causes learning disabilities) and prescribed medication, his disability was considered…

Meyer v. Holley, 537 U.S. 280, 123 S. Ct. 824 (2003)

Ellen and David Holley, an interracial couple, sued Triad, Inc., a Triad employee and David Meyer (Triad’s owner) for violation of the federal Fair Housing Act (“FHA”) after the Triad employee allegedly prevented the Holleys from buying a house in Twenty-Nine Palms, California for racially discriminatory reasons. At issue in the case was…

Northrop Grumman Corp. v. WCAB, 103 Cal. App. 4th 1021 (2002)

Robert C. Graves filed a workers’ compensation claim for psychiatric injuries he allegedly sustained following an investigation into his alleged racial discrimination against a subordinate employee whom he supervised at Northrop Grumman. The workers’ compensation judge (and the WCAB) found that the psychiatric injury caused Graves permanent disability of 20 percent, that further…

Humble v. Boeing Co., 305 F.3d 1004 (9th Cir. 2002)

Su Humble, a union member who was employed as a fabrication bench mechanic for Boeing, suffered an on-the-job injury to her shoulder. After taking a series of medical leaves of absence over the course of approximately 15 months, Humble was told that there were no lightduty positions available to accommodate her alleged disability when…

Walrath v. Sprinkel, 99 Cal. App. 4th 1237 (2002)

Richard Walrath sued his former employer, Hatcher Press, Inc., for wrongful demotion and discrimination, among other things, and joined his former supervisor in a claim for retaliation in violation of public policy. In his lawsuit, Walrath alleged that he had been retaliated against for complaining about being passed over for a job by younger workers.…

Silo v. CHW Medical Found., 27 Cal. 4th 1097 (2002)

Terence Silo worked as a file clerk for CHW, a medical clinic sponsored by three Roman Catholic congregations. Approximately 16 months after he started working for CHW, Silo experienced a “religious conversion” after which time he became an evangelical Christian. After a patient and several coworkers complained about Silo’s “preaching,” he was repeatedly counseled…

Ortiz v. Los Angeles Police Relief Ass’n, 98 Cal. App. 4th 1288 (2002)

Cipriana Ortiz was employed as an administrator for LAPRA (a private, nonprofit association that processes employee benefits claims of current and former LAPD officers). Ortiz had access to officers’ names, residential addresses, telephone numbers, medical histories, family information, etc. During the course of her employment, Ortiz became romantically involved with and…

Phillips v. St. Mary Regional Med. Ctr., 96 Cal. App. 4th 218 (2002)

Plaintiff, a former social worker for St. Mary, a nonprofit, religiously-affiliated hospital, alleged wrongful termination in violation of the public policy against race and sex discrimination as embodied in the California Fair Employment and Housing Act (FEHA), the California Constitution and Title VII of the Civil Rights Act of 1964. The…

West v. Bechtel Corp., 96 Cal. App. 4th 966 (2002)

Plaintiff, a former engineer who worked for Bechtel Corp. for more than 30 years, sued the company for age discrimination and breach of contract. At trial, plaintiff received a jury verdict of $101,852.27 for lost salary and emotional distress damages. The Court of Appeal reversed the judgment on the age discrimination claim for lack…