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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 ground that Shields had failed to plead facts sufficient…

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

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Caldera v. California Department of Corr. & Rehab., 25 Cal. App. 5th 31 (2018)

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.  Caldera sued the CDCR for disability harassment, failure to…

Simers v. Los Angeles Times Commc’ns, LLC, 18 Cal. App. 5th 1248 (2018)

T.J. Simers, a well-known sports columnist for the Los Angeles Times, alleged disability and age discrimination and constructive discharge – Simers, who had suffered a “mini-stroke” from which he quickly recovered, quit his job after his column was suspended and he was reprimanded and demoted for a possible ethical…

Sanchez v. Swissport, Inc., 2013 WL 635266 (Cal. Ct. App. 2013)

In a case of first impression, the California Court of Appeal determined in this case whether an employee who has exhausted all permissible leave (four months) under the California Pregnancy Disability Leave Law (“PDLL”) may state a claim for failure to accommodate a disability under the California Fair Employment and Housing Act (“FEHA”). The…

Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012)

Monika Samper, a neo-natal intensive care unit nurse, sought an accommodation from the hospital where she was employed that would have allowed her an unspecified number of unplanned absences from work. She wanted to opt out of Providence’s attendance policy, which permitted five unplanned absences of unlimited duration and other…

Hosanna-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 and disruptive behavior.” Perich filed a claim with the…

Johnson 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 because she experienced a “major depressive episode.” As a…

Johnson 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 2005 for stopping payment of his disability benefits. In…

Chavez 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 alleged the city and three of his supervisors had…