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COVID-19 

 

• Three individual actions by a septuagenarian and two sexagenarian sales professionals in the auto industry alleging that their former employer, the new owner of an auto dealership, discriminated against them on the basis of their age, retaliated against them for complaining, failed to prevent discrimination from occurring, wrongfully demoted, terminated or constructively terminated them in violation of public policy and an implied employment agreement. The dealership alleged that it terminated the employees for legitimate business reasons, because they refused or failed to implement the company’s business plan during the COVID-19 pandemic’s downturn and supply chain challenges. Resolved globally on continued mediation by mediator’s proposal.

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• Action by musician alleging that his employer, an orchestra, failed to engage in the interactive process and reasonably accommodate him, because his disability prevented him from abiding with the orchestra’s mandatory COVID-19 vaccine mandate. Orchestra alleged that the musician failed to submit doctor’s notes sufficient to meet exemptions under its mandate. Resolved post-mediation by mediator's proposal.

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• Action by former driver, alleging that his former employer, a  package delivery company, discriminated and retaliated against him for taking family leave during the COVID-19 epidemic to protect his child’s serious congenital heart condition, failed to engage in the interactive process, did not reasonably accommodate him, did not take action to prevent discrimination, violated wage-and-hour laws, and wrongfully terminated him. Employer alleged that it had fully complied with wage-and-hour laws, that it had repeatedly accommodated driver, and that it had granted him family leave, but that driver had failed to submit a doctor’s note to extend his leave or to return to work when his leave period expired. Resolved by mediator’s proposal.

 

• Action by journeyman alleging that his former employer, a logistics company, had engaged in the fraud of intentional misrepresentation and false promises, and in wrongful adverse employment action against him during the COVID-19 pandemic. He alleged that COVID-screening procedures caused him to log in late. When the company investigated and found more irregularities, it advised journeyman to resign with the promise of no bar on future rehire. When journeyman later applied for an opening, he was ineligible for rehire. Employer alleged that journeyman had voluntarily resigned after an investigation showed that he was dishonest and had falsified his timecards during the pandemic. Resolved by mediator’s proposal.

 

• Action by church, its founders and pastors alleging that a city violated their civil rights under the First Amendment’s Free Exercise, Free Speech and Assembly Clauses, the 14th Amendment’s Equal Protection Clause, and the Bane Civil Rights Act. In compliance with state and county health directives under the COVID-19 pandemic, the church held services outdoors and limited the decibel sound levels for these events. Plaintiffs alleged that the city unfairly singled out the church by applying its municipal noise ordinance to threaten, intimidate and harass them, when other organizations sponsoring high-decibel events were not cited. They claimed that the city called in county police and health agencies to investigate the church for violating health directives, even when no health violations were ever found. Plaintiffs further alleged that the municipal noise ordinance is void for vagueness and for constituting an unlawful prior restraint. City denied these claims, alleging that it had followed protocol in responding to citizens’ noise complaints. Resolved by mediator’s proposal.

 

• Action by three long-time workers alleging that their former employer, a uniform and apparel company, discriminated, harassed, and retaliated against them on the bases of disability, national origin, sex, association with others with disability, and for having taken family and parental leave, that employer failed to engage in the interactive process and reasonably accommodate them, and that it wrongfully terminated them. Employer alleged the economic downturn during the COVID-19 pandemic forced the company to implement reductions in force that impacted many employees, including these workers. Resolved by mediator’s proposal.

 

• Action by two siblings alleging that their former employer, a labeling company, had discriminated against brother for his disability after he tested positive for COVID-19 in the early days of the pandemic, discriminated against sister because she was associated with brother, failed to engage in the interactive process, failed to provide reasonable accommodation, failed to prevent discrimination, and wrongfully terminated them. Employer denied these charges, alleging instead that the siblings, who had worked there for decades, had violated company policy. Brother had dropped off lunch for a co-worker at the company parking lot before he learned of his positive COVID test results. Sister had  left work early, refused to sign a warning for allegedly failing to report brother’s condition before she knew he had COVID, and took days off for illness without prior approval. Resolved on follow up by mediator’s proposal.

 

• Action by decedent’s mother alleging that a county and its law enforcement officers were negligent and deprived decedent of his 42 U.S.C. § 1983 rights. After his DUI arrest and while awaiting his arraignment in the court’s holding cell, decedent hung himself using a makeshift COVID-19 face mask and a metal toilet paper holder. Decedent later died in the hospital. The government alleged that decedent lacked any suicide ideation that would have triggered a heightened duty for a suicide watch. As a result, the county alleged that his suicide was unforeseeable and not preventable. Resolved by mediator’s proposal.

 

• Action by truck driver alleging that his former employer, a composite materials and technical solutions supplier, wrongfully terminated, discriminated, harassed and retaliated against him, and denied him a workplace free from discrimination. During the COVID-19 pandemic, driver had requested for and employer accommodated his request for reduced work hours, so that he could care for his young children, who were home for remote learning when schools closed.  Driver alleged he was terminated because of retaliation for taking leave. Employer alleged it terminated employee for dishonesty in forging a delivery receipt, leaving hazardous material in an alley rather than within the secure gated compound of a client, and driving on a street where trucks were barred that led to a citation. Resolved by mediator's proposal.

 

• Action by the seller, a Chinese distributer, alleging that the buyer, an American start-up that planned to make personal protective equipment in the COVID-19 pandemic, breached the sales contract for failing to pay for the machines and raw materials shipped to the buyer. The buyer alleged that, while the machines were in good order, the raw materials were damaged in the way they were packed, and thus could not be used to make surgical face masks. Seller claimed that the buyer neither notified seller of any alleged damage nor provide it an opportunity to cure, and buyer’s complaint was a pretext to not pay seller in a now less profitable face mask market. Resolved following mediation.

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• Action by tenant alleging that landlord failed to accommodate his disability or engage in the interactive process after tenant was injured and temporarily confined to a wheelchair. Tenant alleged that landlord discriminated against him because of his disability under the FEHA, Disabled Persons Act, Unruh Civil Rights Act, and the Los Angeles Civil and Human Rights Law. Landlord alleged that all building elements of its 2018-constructed apartment met the ADA, the California Building Code, and that the building had been inspected and permitted by the city. When the wheelchair lift required maintenance, management immediately called the manufacturer and repair persons. Any delay in finally obtaining service was not under landlord’s control, because of business closures under the COVID-19 pandemic, the resulting supply chain’s backlog on parts, and the Christmas holiday. A temporary halt in the operation of an interior elevator was similarly caused by an area-wide power outage. Moreover, landlord alleged that tenant had not paid rent for 18 months under the California COVID-19 Rent Relief program. Resolved by mediator’s proposal.

 

• Action by service mechanic alleging that, during the COVID-19 pandemic, his former employer, an elevator company, violated the FEHA by discriminating and retaliating against him for his underlying medical condition of asthma and diabetes; failed to prevent discrimination, engage in the interactive process or reasonably accommodate him; and wrongfully terminated him. Employer alleged that mechanic took advantage of the pandemic by electing to take a voluntary furlough under a collective bargaining agreement, and by collecting disability payment benefits. Employer alleged mechanic did not request for protected leave, failed to provide a doctor’s note for any work restrictions, and was never terminated. Resolved by mediator’s proposal.

 

• Action by warehouse worker alleging that his former employer, a wholesaler, violated the FEHA by discriminating and retaliating against him for his disability after he was severely injured in an auto accident, failed to engage in the interactive process, failed to reasonably accommodate him, and wrongfully terminated him during his disability leave. Employer alleged that it had reasonably accommodated employee after his injury, that employee could not perform the essential functions of his job with or without an accommodation, and that employee was laid off during COVID-19’s stay-at-home order. Resolved by mediator’s proposal.

 

• Action by insulator alleging that his former employer, an industrial refrigeration company, discriminated and retaliated against him for his disability and age in violation of the FEHA, did not engage in the interactive process and reasonable accommodation, failed to prevent discrimination, failed to grant him CFRA leave, breached the duty of good faith and fair dealing, and wrongfully termination him. Company alleged that insulator had worked nine months for employer, and was not eligible for CFRA leave. The day insulator was seriously injured in a non-work-related car accident was the same day the Governor issued a stay-at-home order in response to the COVID-19 pandemic. While employer granted insulator’s reasonable accommodation request for six-weeks’ unpaid leave, employee instead elected to be laid-off (along with other employees) for COVID-19, so that he could benefit from both regular unemployment and supplemental COVID-19 unemployment benefits under the CARES Act. While employee received COBRA health insurance coverage information, he failed to apply for COBRA and the policy offer lapsed. Meanwhile, employee’s hospital bills mounted and he was forced to file for bankruptcy to discharge his debts. Resolved in mediation.

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• Pre-arbitration action by in-house attorney alleging that her former employer, a communications start-up, engaged in FEHA disability discrimination, harassment and retaliation, failed to engage in the interactive process and reasonable accommodation, committed promissory estoppel, wrongful termination in violation of public policy, and unfair business practices.  Employer alleged that the company had liberally accommodated attorney with more than three months of leave for her anxiety, childcare and home-schooling needs, as well as surgery during the COVID-19 pandemic.  However, attorney was unable to perform the essential functions of her job with or without an accommodation, and an indefinite leave would have caused undue hardship to the company.  Resolved by mediator’s proposal.

 

• Pre-litigation action by baker alleging that her former employer, a specialty bakery and its managing agent, engaged in perceived disability and medical condition (diabetes) discrimination and harassment, and engaged in retaliation when baker complained.  During the pandemic, when a co-worker’s boyfriend was first exposed to COVID-19, both co-worker and baker were quarantined and underwent COVID-19 testing.  When the results were negative, baker and co-worker returned to work.  Later, baker had a skin rash, and again quarantined, and underwent another COVID-19 test as well as an antibody test.  After receiving negative results on these tests, baker asked to return to work without requesting for any accommodation.  Rather than returning baker to work, employer instead placed her on continuous unpaid leave and replaced her position with a new employee without any apparent disability or medical condition.  Employer alleged baker’s underlying diabetic condition made her a direct threat to herself in the event she were to be exposed to COVID-19 in its store.  Employer also alleged it could not afford to upgrade its air conditioning system, something baker had not requested.  Resolved by mediator’s proposal. 

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