disability discrimination

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Nadaf-Rahrov v. Neiman Marcus Group, Inc., 166 Cal. App. 4th 952 (2008)

Forough Nadaf-Rahrov worked as a clothes fitter for Neiman Marcus in Dallas before transferring to San Francisco in the mid- 1990s. She suffered from recurrent back and joint pain and was diagnosed with carpal tunnel syndrome and osteoarthritis. In November 2003, she commenced a requested family medical leave of absence, which was…

Avila v. Continental Airlines, Inc., 165 Cal. App. 4th 1237 (2008)

Henry Avila sued his employer, Chelsea Food Services (a division of Continental Airlines), following his termination for excessive absences from work. Avila sued for disability discrimination and for violation of his rights under the California Family Rights Act (“CFRA”). The trial court granted summary judgment to Continental, but the Court of Appeal reversed…

Arteaga v. Brink’s, Inc., 163 Cal. App. 4th 327 (2008)

Brink’s employee Carlos Arteaga was the subject of an internal investigation into various shortages totaling $7,668 that occurred while he was acting in his capacity as an ATM messenger. The investigation was conducted after one of Arteaga’s managers noticed there had been 16 shortages in five months on runs in which Arteaga had been…

Ross v. Ragingwire Telecommunications, Inc., 42 Cal. 4th 920 (2008)

In accordance with the Compassionate Use Act of 1996 (Proposition 215), Gary Ross had a physician’s recommendation to use marijuana for his chronic back pain. Ragingwire offered Ross a job as a lead systems administrator subject to his passing a drug test, which he failed when he tested positive for THC (the active chemical…

Bates v. United Parcel Serv., 511 F.3d 974 (9th Cir. 2007) (en banc)

One of the requirements applied by UPS to those applicants seeking to drive the familiar brown “package cars” was that they pass the physical examination (including a hearing exam) that the DOT requires of drivers of commercial vehicles of a gross vehicle weight rating (GVWR) of at least 10,001 pounds. (UPS’s…

Reid v. Google, Inc., 155 Cal. App. 4th 1342 (2007)

Brian Reid, who was employed for fewer than two years as Google’s Director of Operations and its Director of Engineering, sued Google after his termination, alleging age and disability discrimination, intentional and negligent infliction of emotional distress and related claims. Reid was 54 years old at the time of his termination. Although the trial…

Green v. State of Cal., 2007 WL 2388920 (Cal. S. Ct. Aug. 23, 2007)

Dwight Green worked as a stationary engineer for the Department of Corrections at the California Institute for Men in Chino. Seven years after contracting hepatitis C (presumably from the sewer pipes at the Institute), Green began taking the drug interferon, which caused him to feel fatigued, to have trouble sleeping…

King v. United Parcel Serv., 2007 WL 1493316 (Cal. Ct. App. 2007)

Richard King, a supervisorial employee who had worked for UPS for almost 30 years, was terminated for an “integrity violation” involving the falsification of a driver’s timecard. In his lawsuit, King alleged that UPS had terminated him because he was diagnosed with a blood disorder that necessitated his taking a medical leave…

Malais v. Los Angeles City Fire Dep’t, 2007 WL 1229335 (Cal. Ct. App. 2007)

Gregory Malais, a Captain II with the Los Angeles City Fire Department, sued the Department for disability discrimination in violation of the Fair Employment and Housing Act when he was given a special-duty assignment following the partial amputation of one of his legs. Captains on special-duty assignment receive the same pay…

Gambini v. Total Renal Care, Inc., 2007 WL 686350 (9th Cir. Mar. 8, 2007)

Stephanie Gambini sued her former employer, Total Renal Care, Inc., d/b/a DaVita, Inc., alleging that it had discriminated against her in violation of Washington state law prohibiting disability discrimination and the federal Family Medical Leave Act. Gambini was terminated from her employment as a contracts clerk after she exhibited a…