Tag Archives: disability discrimination

March 2023 California Employment Law Notes

We invite you to review our newly-posted March 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: No Claim By Employee Who Was Friends With Alleged Harasser Pregnancy Discrimination Lawsuit Was Properly Dismissed Employer That Failed To Layoff Employee Before She Became … Continue Reading

Employer That Failed To Layoff Employee Before She Became Disabled May Have Discriminated

By Tony Oncidi on March 31, 2023 Posted in Disability, Discrimination, Wrongful Termination

Lin v. Kaiser Found. Hosps., 2023 WL 2202544 (Cal. Ct. App. 2023) Suchin Lin received favorable performance evaluations as an IT Engineer at Kaiser before the decision was made to eliminate her position. Before Lin was informed of the elimination of her position, she fell in the workplace and suffered an injury to her shoulder, … Continue Reading

Pregnancy Discrimination Lawsuit Was Properly Dismissed

By Tony Oncidi on March 31, 2023 Posted in Disability, Discrimination, FEHA, Harassment, Pregnancy Leave, Reasonable Accommodation, Wrongful Termination

Lopez v. La Casa de Las Madres, 2023 WL 2534998 (Cal. Ct. App. 2023) Gabriela Lopez worked as shelter manager for a non-profit organization that provides services to women and children who are victims of domestic violence. In September 2016, Lopez gave birth to a child; by December 17, 2016, Lopez had received the full … Continue Reading

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

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

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

Los Angeles Jury Hands $155 Million Holiday Gift to Fired Insurance Executive

By Tony Oncidi, Philippe A. Lebel and Morgan Peterson on December 17, 2021 Posted in California Labor & Employment Law, Discrimination, Jury verdicts, Retaliation, Verdict

As we recently reported, California juries continue to award massive verdicts to employees with alarming regularity. And, just in time for the holidays, a Los Angeles Superior Court jury upped the ante on Thursday, handing a fired insurance company executive a verdict totaling $155.4 million – including $150 million in punitive damages. Plaintiff Andrew Rudnicki worked … Continue Reading

November 2018 California Employment Law Notes

By Tony Oncidi on November 19, 2018 Posted in California Labor & Employment Law, Employment Law Notes

We invite you to review our newly-posted November 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Non-Solicitation Provision Was An Unenforceable Restraint Employer Was Not Liable For Accident Involving Employee Who Was Talking On Her Cell Phone Injured Employee May Have Been … Continue Reading

Injured Employee May Have Been “Regarded As” Disabled Under The ADA

By Tony Oncidi on November 19, 2018 Posted in ADA, Employment Law Notes

Nunies v. HIE Holdings, Inc., 2018 WL 5660625 (9th Cir. 2018) Herman Nunies was a delivery driver for HIE Holdings who injured his shoulder and wanted to transfer to a part-time, less-physical warehouse job. The requested transfer was approved and was set to go through until Nunies told HIE about his shoulder injury after which … Continue Reading

Community College District Failed To Reasonably Accommodate Disabled Employee

By Tony Oncidi on May 14, 2018 Posted in California Labor & Employment Law, Disability

Hernandez v. Rancho Santiago Cmty. Coll. Dist., 2018 WL 2057468 (Cal. Ct. App. 2018) Marisa Hernandez worked on and off as an assistant for the District for a number of years without any complaints about her performance. Eight months into her 12-month probationary period (after which point she would become a “permanent employee”), Hernandez took … Continue Reading

Unsuccessful Disability Discrimination Plaintiff Is Not Entitled To Attorney’s Fees

By Tony Oncidi on March 19, 2018 Posted in Attorney's Fees, California Labor & Employment Law, Disability, FEHA

Bustos v. Global P.E.T., Inc., 19 Cal. App. 5th 558 (2017) William Bustos sued his former employer for disability discrimination. A jury determined that Bustos’ actual or perceived physical condition was a substantial motivating reason for his termination, but nevertheless returned defense verdicts on all of his claims. After the trial, Bustos sought an award … Continue Reading

It’s Time to Think About Arbitration Agreements Again Following Recent $15 Million+ Employee Verdicts

By Tony Oncidi on September 2, 2017 Posted in Arbitration Agreements, Attorney's Fees, California Labor & Employment Law, Class Actions, Client Alerts, Disability, Discrimination, Employment Policies, Settlement

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business in California already have insulated themselves from such disasters by adopting comprehensive arbitration regimes, which would require that such cases be heard by a retired … Continue Reading

Employee Could Proceed With Wrongful Termination Claim Based Upon Work-Related Injury

By Tony Oncidi on January 20, 2016 Posted in Disability, FEHA, Labor Code § 132, Wrongful Termination

Prue v. Brady Co./San Diego, Inc., 196 Cal. Rptr. 3d 68 (Cal. Ct. App. 2015) Adam Prue alleged wrongful termination of his employment based upon a work related injury, which violated the public policy set forth in Labor Code § 132a. The trial court granted the employer’s motion for summary judgment on the grounds that … Continue Reading

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

By Tony Oncidi on July 28, 2015 Posted in Employment Law Notes

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that she was stressed because of interactions at work with human resources and her manager. Her physician diagnosed Higgins-Williams with “adjustment disorder with anxiety,” and Sutter … Continue Reading

University Professor Was Properly Terminated For Refusing Fitness-For-Duty Exam

By Tony Oncidi on November 10, 2014 Posted in Disability, Discrimination, FEHA, Privacy, Public Employment, Reasonable Accommodation, Retaliation

Kao v. The University of San Francisco, 229 Cal. App. 4th 437 (2014) Dr. John S. Kao was a tenured professor at USF who submitted a 485-page complaint (plus a 41-page addendum) to the university alleging race-based discrimination and harassment at the school. Kao was not satisfied with the university’s two-page response, which he said … Continue Reading

Police Officer’s ADHD Was Not a Disability Within The Meaning of the ADA

By Tony Oncidi on September 8, 2014 Posted in ADA, Disability, Wrongful Termination

Weaving v. City of Hillsboro, 2014 WL 3973411 (9th Cir. 2014) Matthew Weaving worked as a police officer for the City of Hillsboro for approximately three years before his employment was terminated due to “severe interpersonal problems” between him and other employees of the police department. Weaving contended that his interpersonal problems resulted from his … Continue Reading

Store Manager’s Disability And Harassment Claims Were Properly Dismissed

By Tony Oncidi on March 26, 2013 Posted in Disability, Discrimination, Employment Law Notes

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

Police Officer Who Had Heart Attack Could Not Perform Essential Functions Of Administrative Job

By Proskauer Rose on January 1, 2013 Posted in Disability, Discrimination, Employment Law Notes, FEHA

Lui 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

March 2012 California Employment Law Notes

By Tony Oncidi on March 13, 2012 Posted in Employment Law Notes

We invite you to review our newly-posted March 2012 California Employment Law Notes – a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment Community College Employee Is Entitled To New Trial On Whistleblower Claims LAPD Officer’s $2.1 … Continue Reading

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