disability discrimination

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Bates v. United Parcel Serv., 465 F.3d 1069 (9th Cir. 2006)

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 vehicles had…

Roby v. McKesson HBOC, 2006 WL 3775897 (Cal. Ct. App. Dec. 26, 2006)

After doing a “stellar” job for 25 years and working as a customer service support liaison for McKesson, Charlene Roby developed a panic disorder and began missing substantial amounts of time from work. McKesson fired Roby for abusing its attendance policy, though many of her absences were attributable to her mental…

Seever v. Copley Press, Inc., 141 Cal. App. 4th 1550 (2006)

Michael Seever worked as a building superintendent for The Daily Breeze (owned by Copley) before the company instituted a reduction in force that resulted in the elimination of 18 positions, including Seever’s. Seever alleged discrimination on the basis of a disability (he had tripped over his cat, injuring his shoulder) and his age…

Bass v. County of Butte, 2006 WL 2348467 (9th Cir. 2006)

Allison Bass and two co-workers asserted employment discrimination claims against the County of Butte based upon the county’s alleged failure to accommodate their work-related disabilities. Plaintiffs alleged violation of the Unruh Civil Rights Act and the Disabled Persons Act on the theory that the two state statutes incorporated Title I (the anti-discrimination provision)…

Dark v. Curry County, 451 F.3d 1078 (9th Cir. 2006)

Robert Dark, an epileptic since the age of 16, worked as a maintenance and construction worker for Curry County, Oregon for approximately 16 years. Among other things, Dark operated heavy equipment such as construction vehicles for the County. On the morning of January 15, 2002, Dark experienced an “aura” (a “nervous jerk”) that signaled…

Josephs v. Pacific Bell, 432 F.3d 1006 (9th Cir. 2005)

Joshua Liam Josephs, a former Pacific Bell service technician, sued PacBell for mental disability discrimination in violation of the ADA and the California Fair Employment and Housing Act. PacBell hired Josephs after he checked “No” to a question on his employment application asking whether he had ever been convicted of a felony or misdemeanor.…

Head v. Glacier Northwest, Inc., 413 F.3d 1053 (9th Cir. 2005)

Matthew Head, a barge offloader, sued his former employer, Glacier Northwest, Inc., for discrimination in violation of the Americans with Disabilities Act (ADA) and Oregon state law. Glacier contended it terminated Head because he had damaged one of its loaders when it got stuck in the mud. At trial, the jury was instructed…

Crown Appliance v. WCAB, 115 Cal. App. 4th 620 (2004)

Crown Appliance petitioned the Court of Appeal for a writ of review, following a determination by the Workers’ Compensation Appeals Board (WCAB) that Crown had discriminated against its employee, Morton Wong, for filing a workers’ compensation claim. Wong sustained an industrial injury to his left elbow and back while employed as a delivery driver…

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…