Employment 

 

  • Action by 30-year stationary engineer alleging that his former employer, a hospital, discriminated against and harassed him on the basis of age and disability, failed to reasonably accommodate him, retaliated against him for requesting accommodations, failed to prevent discrimination from occurring, and wrongfully terminated him in violation of public policy. Hospital alleged that it had granted CFRA leave followed by two years of extended disability leave for engineer to undergo knee surgery, amputation, and fitting of his prosthetic leg. Although engineer returned to work without restrictions. he was unable to perform the essential functions of his job with or without an accommodation in climbing tall ladders, pulling, pushing, squatting and responding to emergencies, thereby posing a danger to himself and to others. Hospital provided to engineer open positions that he could have performed, but he failed to apply for them, and was ultimately terminated. Resolved by mediator’s proposal.

 

  • Action by an emergency room nurse alleging that her employer, a county hospital, violated the FEHA by discriminating against her for her pregnancy and disability, failed to reasonably accommodate her and engage in the interactive process, retaliated against her, failed to prevent discrimination, and interfered with her CFRA leave. Employer alleged that nurse was fully accommodated for her pregnancy and disability, but her doctor’s work restriction that she not lift any weight meant that she could not perform the essential functions of her job with or without an accommodation. Resolved on follow-up after mediation.

 

  • Pre-arbitration action by visually-impaired director of payroll operations alleging that his former employer, a hospital, failed to engage in the interactive process and reasonably accommodate him, discriminated and retaliated against him for taking CFRA and disability leave, and failed to prevent discrimination and retaliation from occurring. The hospital alleged that it had engaged in the interactive process with the director, granted his intermittent leave requests for treatment, granted his request for his CFRA leave, and reasonably accommodated him by extending his disability leave thereafter. Even though director never returned to work, failed to provide an updated health report, and failed to mitigate his damages, hospital nonetheless kept director active on the books. Resolved by mediator’s proposal.

 

  • Action by director of philanthropy alleging that her former employer, a church-affiliated senior residential facility, retaliated against and constructively terminated her for being a whistleblower.  Accessing senior residents’ financial information, the facility required its fundraisers to persuade the seniors to sign declarations bequeathing their assets to the facility. When philanthropy director raised concerns and reported about possible elder financial abuse, facility allegedly retaliated against her and forced her out. Facility denied these allegations, claiming instead that employee failed to perform and voluntarily resigned. Resolved by mediator’s proposal. 

 

  • Action by 17-year echocardiography technician alleging that his former employer, a hospital, discriminated against him on the basis of age, race, and disability, failed to engage in the interactive process, failed to reasonably accommodate him, and wrongfully terminated him in violation of the FEHA. Hospital alleged that some of technician’s claims, which had undergone three years of union grievances, were time barred even after tolling, that his claims were without merit, that doctors and patients had complained about technician, and that he was terminated following progressive discipline for performance and communication issues. Resolved by mediator’s proposal.

 

  • Action by seamstress alleging that her employer, a uniform and apparel company, discriminated against and harassed her on the basis of her disability and age, created a hostile work environment, failed to reasonably accommodate her or engage in the interactive process, failed to prevent discrimination and harassment, retaliated against her, violated meal and rest breaks, and engaged in unfair business practices. Employer alleged that seamstress was fully accommodated for her disability, that she had taken a three-year leave but remained on the books, and that her complaints were not substantiated by the company’s investigation.  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 food service workers alleging that their employer, a donut shop, discriminated against and harassed them on the basis of their national origin, created a hostile work environment, retaliated against them when they complained, failed to prevent discrimination and harassment in violation of the FEHA, wrongfully terminated them, violated wage-and-hour laws, and engaged in various torts. Employer denied these allegations, conceding only on the wage-and-hour violations. Resolved by mediator’s proposal.

 

  • Action by operations superintendent alleging that his former employer, a solid waste collection company, discriminated, harassed and retaliated against him under the FEHA by refusing to transfer him to a different city to take care for his father who had cancer, because employee was associated with a family member who had a disability/medical condition; failed to engage in the interactive process and reasonable accommodation under the FEHA; and failed to prevent discrimination and harassment under the FEHA; as well as wrongfully terminated him in violation of public policy. Employer alleged that the company had engaged in the interactive process and had offered to reasonably accommodated employee with intermittent leave. However, employee never formally applied for a transfer.  Even if he did, employee was ineligible for a transfer because he was continuously on performance improvement plans.  Employer ultimately terminated employee for poor performance. Resolved following mediation.

 

  • Appeal by general manager after the trial court sustained demurrers on various counts and removed co-defendants on his race employment discrimination action. General manager alleged that his former employer, a production company, violated the FEHA by discriminating against him on the basis of race, retaliated against him after he filed his DFEH complaints, breached his employment contract, and wrongfully terminated him in violation of public policy. Employer denied the charges, alleging that general manager had bullied employees in violation of company policy, and that customers had complained about his performance. Resolved globally in both the appellate and trial courts by mediator’s proposal.

 

  • Action by food service worker alleging that another food service worker sexually harassed and battered her at the hospital where they both worked. She alleged that the hospital negligently hired the other worker, failed to prevent the harassment, retaliated against her when she complained, intentionally inflicted emotional distress upon her, and constructively terminated her. The hospital alleged that any harassment was between co-workers, and that the hospital immediately conducted a thorough investigation when notified of the worker’s complaint, that the investigative report found no harassment had occurred, and that worker resigned of her own accord. Resolved following mediation.

 

  • 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 a police officer alleging that his employer, a county, and its law enforcement officers violated his 42 U.S.C. § 1983 civil rights under the First, Fourth, Fifth and Fourteenth Amendments, and alleged County was liable under Monell. When officer and his spouse alleged mutual spousal abuse, law enforcement arrested them both and seized weapons from the home, social services removed their child, and the dependency court placed the child with a family member for many months. At the same time, officer was suspended for a short while, was required to enroll in various preventative courses, and was ineligible for promotion for a time. County alleged that it complied with all applicable constitutional authorities, statutory provisions, and institutional protocol in light of the situation. Resolved by mediator’s proposal.

 

  • Action by former worker alleging that her former employer, a federal agency, engaged in Title VII discrimination, harassment and retaliation on account of her association with another employee, her then-husband, who had complained about sexual harassment and retaliation by their common female supervisor. Worker alleged that supervisor stalked her, sent harassing texts and made threatening calls to her on a government cell phone, stole worker’s wedding dress, refused to approve worker’s leave request for surgery, and threatened to call the police with the false claim that husband had raped supervisor. Moreover, the government allegedly forced worker to retire after she complained. The government alleged that it had terminated supervisor after an investigation.  It further claimed that worker’s third-party claims of harassment and retaliation were not meritorious, because supervisor and worker were romantic rivals—a novel defense not recognized by the Ninth Circuit, according to the trial court. Resolved by mediator’s proposal.

 

  • Action by makeup artist, an independent contractor to a studio, alleging that its employee sexually assaulted and harassed her in violation of the FEHA, Unruh, Ralph and Bane Civil Rights Acts, as well as alleging negligent supervision and intentional infliction of emotional distress. The studio executive to whom contractor twice confided failed to report the incident in violation of company policy. Human resources finally learned about the incident, investigated, terminated employee, and disciplined the executive. However, the union that represented employee contested his termination through labor arbitration. Finding credibility issues, the arbitrator ordered the studio to reinstate the alleged perpetrator. In the civil action, studio alleged that contractor had earlier signed an agreement to release it from liability, and asserted that the action was time barred. Based on the arbitrator’s findings, both studio and employee challenged contractor’s credibility. Resolved by mediator’s proposal.

 

  • Action by 21-year truck driver alleging that his former employer, a water and wastewater treatment solutions provider, allowed its employees to engage in reverse race and national origin discrimination against the driver, failed to engage him in the interactive process or provide him with reasonable accommodation, did not prevent retaliation against him, wrongfully terminated him, engaged in meal and rest break violations, and engaged in unfair competition. Employer denied knowledge of any co-worker discrimination against driver, alleging that he never complained to management. Company also alleged that it reasonably accommodated driver’s disability by granting him both workers’ compensation and CFRA/FMLA leave, which was exhausted. Moreover, the permanent work restrictions ordered by employee’s doctor meant that driver could not perform the essential functions of his job with or without an accommodation. As a result, employee voluntarily resigned. Resolved after mediation.

 

  • Pre-litigation action by a technician alleging that his former employer, a pharmaceutical company, engaged in FEHA reverse race discrimination and harassment, same-sex sexual harassment, retaliation, negligent hiring, medical leave retaliation, intentional infliction of emotional distress, and wrongful termination. Employer denied any wrongful conduct, alleging that other similarly situated employees did not suffer discrimination, harassment or retaliation. Company further alleged that it neither knew nor should have known about any such alleged co-worker conduct, because technician failed to complain to the company. Instead, plaintiff did not provide the necessary paperwork for taking weeks of disability leave, and he voluntarily resigned. 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.

 

  • Action by an unsuccessful job applicant for a law enforcement position alleging that the prospective employer, a federal law enforcement agency, engaged in disability discrimination, failed to reasonably accommodate or engage him in the interactive process, and retaliated against him when he requested an appeal in violation of the Rehabilitation Act.  Applicant has a congenital defect that restricted the full extension of his elbow, which he claimed would not prohibit him from carrying out the essential duties of a federal agent, but which nonetheless prejudiced the scoring of his physical fitness test. The government alleged that no discrimination or retaliation occurred, that applicant was reasonably accommodated on his fitness test, and that applicant nonetheless failed the test even with an accommodation. Resolved following mediation.

  • Action by a probationary instructor alleging that his former employer, a public college, engaged in race discrimination, harassment, and retaliation after he complained about denial of the opportunity to self-evaluate his performance. The college denied any wrongdoing.  It alleged that the instructor had not performed up to standard and that he had voluntarily resigned.  In addition, college alleged that instructor failed to properly exhaust his administrative remedies, and that his action was time barred. Resolved by mediator’s proposal.

 

  • Pre-litigation action by a development manager alleging that her former employer, a medical center, engaged in FEHA pregnancy and CFRA family leave discrimination and harassment, retaliated against her for taking leave and for complaining, failed to prevent such conduct, and constructively terminated her in violation of public policy.  Employer alleged that former employee was reasonably accommodated on every request, had underperformed, and had voluntarily resigned. Resolved by mediator’s proposal.

 

  • 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.

 

  • Action by 11-year forklift operator alleging that her former employer, a logistics company, engaged in FEHA disability discrimination, harassment and retaliation, failed to engage in the interactive process and reasonable accommodation, committed various wage-and-hour violations, engaged in unfair competition, and wrongfully terminated her.  Employer alleged that the company had engaged in the interactive process and reasonably accommodated employee multiple times in accordance with her doctor’s notes, and that she took meal and rest breaks as documented on time sheets. Company further alleged that it was employee’s numerous attendance issues that led to her termination.  Resolved by mediator’s proposal.

 

  • Action by short-term shipping employee alleging that his former employer, a package labeling company, engaged in various wage-and-hour violations, as well as FEHA violations by failing to prevent co-workers from harassing him as a “sissy” and crybaby,” retaliating against him for his disability after he hurt his back, failing to engage in the interactive process and provide reasonable accommodation, and engaged in unfair business practices.  Company alleged that employee, who worked there for less than two months, took meal and rest breaks as documented on time sheets, was fully and timely compensated, was provided the interactive process, and was reasonably accommodated for every request.  However, company alleged that employee failed to report any co-worker harassment and was terminated for consecutive days of no call/no show.  Resolved by mediator’s proposal. 

 

  • Action by a janitor alleging that his former employer, a restaurant, engaged in various wage-and hour violations, as well as discriminated and retaliated against him for his disability after he hurt his knee, failed to engage in the interactive process, failed to reasonably accommodate him, and engaged in unfair business practices. Restaurant alleged that janitor, who worked there for three weeks, took meal and rest breaks as documented on time sheets, took three days off after he allegedly hurt his knee, returned to work with a doctor’s note showing no restrictions, never asked for an accommodation, did not show up for work, then allegedly told a coworker he found another job and never returned to work.  Resolved in post-mediation negotiations.

 

  • Action by a 25-year pharmacy technician alleging that his former employer, a hospital, engaged in FEHA disability and age discrimination, failed to prevent discrimination, retaliated against him for having taken CFRA and FMLA leave, and wrongfully terminated him in violation of public policy. Employer alleged that it had repeatedly cooperated and granted intermittent CFRA leaves to the technician.  Employer alleged that technician’s termination was justified, because he had lost a narcotic prescription, had repeatedly failed to identify expired medications on incomplete inventories, and was dishonest about it.  Resolved following mediation.

 

  • Action by remote telephone case worker alleging that her former employer, a senior center, engaged in age and disability discrimination, failed to engage in the interactive process and reasonably accommodate her following her workers’ compensation leave, and retaliated against and wrongfully terminated her. Employer alleged that case worker had no work restrictions and never requested reasonable accommodation.  In addition, case worker’s job classification was eliminated in a layoff.  She was given retraining and the opportunity to apply for vacancies, and was offered a severance package as an option.  Moreover, the vast majority of similarly-situated employees found new positions with employer, of which 94 percent were over the age of 40.  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

 

  • Action by probationary truck driver alleging that her former employer, a trucking company, assigned her to mentors who sexually and racially harassed her on the road, retaliated when she complained, committed various wage and hour violations, and wrongfully terminated her.  Employer alleged driver was terminated for causing two trucking accidents. Resolved by mediator’s proposal. 

 

  • Action by an executive alleging that her former employer, a bank, engaged in gender, national origin and age discrimination, breach of contract, breach of the covenant of good faith and fair dealing, and wrongful termination. Employer alleged former executive’s termination was justified for poor performance. Resolved by mediator’s proposal.

 

  • Actions by temporary employee alleging that her former employers, a shipping company and the staffing agency that arranged her hiring, discriminated against her on the basis of pregnancy, failed to engage in the interactive process, failed to prevent and remedy that discrimination, wrongfully terminated her, and intentionally and negligently inflicted emotional distress upon her.  Temporary employee pursued one action against shipping company in court and the other action against staffing agency in arbitration.  Employers denied the allegations, alleged temporary employee never informed them she was pregnant, never requested any accommodation, and resigned after failing to compete favorably for a permanent position.  Resolved globally by mediator’s proposal.

  • Action by accounts manager alleging that his former employer, an airline industry business, engaged in disability and racial discrimination, harassment and retaliation, violation of CFRA, failure to prevent such conduct under the FEHA, wrongful termination, wage and hour violations, and intentional and negligent infliction of emotional distress.  Employer denied the allegations, and alleged former employee was terminated for cause for failing to timely complete a random drug test.  Resolved through mediation.

 

  • Action by an electrician alleging that his former employer, an electrical systems company, engaged in racial harassment, retaliation, and failure to prevent such conduct under the FEHA, as well as violated the Labor Code.  Employer denied the allegations and alleged former employee had attendance and punctuality problems, and had voluntarily quit to take on other work. Resolved through mediation.

 

  • Action by a retail account executive alleging that her former employer, a package management business, engaged in pregnancy and marital status discrimination and harassment, retaliated against her for complaining of the same, and wrongfully terminated her because she married and planned to start a family. Employer alleged former employee’s termination was justified, because she violated the company’s zero tolerance policy for making racially inappropriate comments in the workplace.  Resolved through mediation.

 

  • ERISA interpleader actions brought by pension plan administrator and group life insurer of deceased employee to resolve the identify of his surviving spouse, beneficiary of the plan and policy.  During his lifetime and working years, decedent had married his first wife of many years, then separated from but never divorced her.  Decedent nonetheless indicated that he was not married on his pension plan.  After decedent retired and began receiving his pension, he married his second wife.  He later designated first wife as beneficiary on his life insurance.  After finding two marriage certificates between decedent and his two wives but no marriage dissolution of any kind, pension plan administrator and insurer identified first wife as the beneficiary.  Second wife cross claimed against all parties asserting that she was the proper beneficiary.  First wife cross claimed against second wife asserting her beneficiary status. Mediation continuig.

 

  • Action by former assistant manager alleging that her former employer, a studio and its supervisor, engaged in sex discrimination, harassment and retaliation, and wrongfully terminated her for being a whistleblower.  Employer alleged plaintiff was openly insubordinate and disrespectful to her supervisor, a legitimate reason for her termination. Resolved by mediator’s proposal.

  • Action by pharmacy technician supervisor alleging her former employer, a multinational corporation operating a chain of warehouse clubs, engaged in gender and associational discrimination, and retaliation, failed to prevent discrimination and retaliation from occurring, wrongfully terminated and defamed her, and put her in a false light. Employer alleged former employee’s termination was justified, because she violated the company’s pharmacy security policies and practices.  Resolved in mediation.

 

  • Action by truck driver alleging that his former employer, a waste disposal business, engaged in discrimination, harassment and retaliation because he took periodic protected family leave to care for his fatally ill mother, and because he was associated with a disabled person.  He also alleged that employer failed to engage in the interactive process and reasonable accommodation, and wrongfully terminated him. Employer alleged plaintiff was granted family leave without any discrimination, harassment or retaliation. Instead, plaintiff’s dishonesty and time theft were the legitimate reasons for his termination. Resolved by mediator’s proposal.

 

  • Action by director of nursing alleging that her former employer, a licensed skilled nursing facility, engaged in race discrimination, wrongfully terminated her in violation of public policy, committed wage and hour violations by denying her meal/rest breaks, and payment of final wages and overtime, was negligent, intentionally inflicted emotional distress upon her, and engaged in unfair business practices. The employer alleged that plaintiff was discharged for permitting subordinates excessive overtime, and that she was in an exempt position not entitled to overtime pay or meal/rest breaks.  Resolved by mediator’s proposal.

 

  • Pre-arbitration action by executive alleging that his former employer, a start-up business, discriminated against  and harassed him on the basis of his race, national origin and age, retaliated against him when he complained about various business practices, breached his commission contract, and slandered his professional reputation.  The business alleged the executive was terminated for unsatisfactory performance.  Resolved by mediator’s proposal.

 

  • Action by dishwasher alleging that his former employer, a restaurant, harassed him on the basis of his race and national origin, retaliated against him, failed to take all reasonable steps to prevent harassment, violated various wage and hour statutes as well as PAGA, wrongfully terminated him, engaged in negligent retention and supervision, violated various hate crimes, and committed other torts.  The restaurant alleged the employee engaged in horseplay, elected to leave his job, and failed to exhaust his administrative remedies.  Resolved through mediation, subject to court approval.

  • Pre-litigation complaint by human resources employee alleging that her employer, a non-profit agency, discriminated and harassed her on the bases of race, national origin and ancestry, and failed to reasonably accommodate her disability. She also alleged that the employer retaliated against her after she complained by conducting an investigation and putting her on paid administrative leave. The employer alleged the employee bullied her co-workers and could not perform the essential functions of the job with or without accommodation. Resolved through mediation.

 

  • Action by worker, who became emotionally distraught after witnessing an accidental death in the workplace, alleging that his former employer, an auto detail business, engaged in disability discrimination, harassment and retaliation, and failed to engage in the interactive process or provide reasonable accommodation. Employer alleged that plaintiff had filed for workers’ compensation, but he had never provided a doctor’s note requesting accommodation for any disability, was terminated for absenteeism, and had obtained a PTSD diagnosis only after his termination.  Resolved through mediation.

 

  • Action by IT Director alleging that his former employer, a non-profit, engaged in disability discrimination and retaliation, failed to engage in the interactive process and reasonable accommodation, failed to prevent discrimination and harassment, did not comply with various wage and hour provisions, and engaged in unfair business practices. The employer alleged that plaintiff was in an exempt executive position, that he did not report his alleged disability or request any accommodation, that he was terminated for stealing company property and accessing confidential information, and that he made unauthorized purchases for his own gain on the company’s credit card.  Resolved through mediation.

 

  • Action by dishwasher alleging that her former employer, a restaurant, discriminated against and harassed her on the basis of her disability, retaliated against her, failed to engage in the interactive process and reasonably accommodate her, failed to take all reasonable steps to prevent discrimination and harassment, violated various wage and hour statutes, and committed other torts.  The restaurant alleged the employee was terminated for disruptive behavior and poor performance, and she could not perform the essential functions of her job with or without accommodation.  Resolved by mediator’s proposal.

 

  • Action by records technician alleging that her former employer, a municipality, failed to engage in the interactive process and reasonably accommodate her disability; that her former supervisor harassed and retaliated against her because of her disability; and that the municipality’s contractor performing fitness for duty examinations failed to provide her with a copy of her medical report. The municipality alleged the former employee could not perform the essential functions of the job with or without accommodation; and the contractor alleged lack of standing and mootness. Resolved through mediation.

 

  • Action by emergency management coordinator alleging that her employer, a municipal fire department, and a firefighter engaged in sexual harassment, retaliation, failure to take all reasonable steps to prevent harassment, negligent hiring, sexual battery, battery, and gender violence.  The defendants alleged the firefighter’s conduct was neither unwelcome nor severe or pervasive enough to constitute a hostile work environment.  Resolved by mediator’s proposal.

 

  • Action by customer service agent alleging that her former employer, a shipping business, discriminated against her on the basis of disability following return from taking family leave for her own serious health condition, retaliated against her for taking such leave, and terminated her on the pretext that she was not punctual.  Former employer alleged it had provided former employee with leave under the law, fully accommodated her, and terminated her following counseling for repeated instances of unsatisfactory attendance.  Resolved by mediator’s proposal.

 

  • Appeal by employer, a management services organization for hospital-based physician groups, and its lead doctor challenging the trial court’s denial of their motion to compel arbitration. Former employee, a hospital coordinator, alleged that doctor had created a hostile work environment by his sexually explicit texts and conduct, and that employer had retaliated by wrongfully terminating her after she complained. The defense alleged employee was terminated for poor performance. Resolved by mediator’s proposal.

 

  • Action by 69-year-old teacher alleging her former employer, a school district, discriminated against and harassed her on the basis of her age, and retaliated against her after she complained. The former employer alleged the teacher refused to accept constructive feedback on her performance, was the subject of complaints and an investigation for acting out toward students, and had had elected to retire. Resolved by mediator’s proposal.

 

  • Action by professor alleging his former employer, a public university, retaliated against him following an administrative settlement of his complaint for age, race and disability discrimination. The professor claimed that the university failed to honor the terms of the settlement agreement, impeded his research and teaching opportunities, and barred him from attending professional conferences. The university alleged the professor had earlier elected to benefit from a faculty early retirement program that permitted him to both collect a pension and work part-time, an option that limited his teaching and research activities, and travel had not been authorized under the federal program that funded the professor’s work. The trial court granted summary judgment for the university. The appellate court found triable issues and overturned the trial court. Resolved by mediator’s proposal.

 

  • Action by truck driver alleging his former employer, a multinational corporation operating a chain of warehouse clubs, engaged in disability discrimination, failed to prevent discrimination and harassment, did not reasonably accommodate him, failed to engage in the interactive process, did not provide him with statutory family leave rights, and retaliated against and wrongfully terminated him. The employer alleged the former employee behaved unprofessionally and could not perform the essential functions of his job with or without accommodation. Resolved in mediation.

  • Appeal by confirmation director with 32 years of service alleging her former employer, a church, wrongfully terminated her in retaliation for being a whistleblower about its financial, employment, record keeping and clergy activities. She also alleged the church breached its oral and implied contract to not terminate her except for good cause, defamed her, and intentionally caused her emotional distress. The employer alleged that the former employee was terminated for insubordination and disruptive behavior. The trial court sustained the church's demurrers, granted summary adjudication, and assessed costs in favor of the employer. The former employee alleged insufficient evidence, reversible error and abuse of discretion on appeal. Resolved in mediation.

  • Action by dialysis technician alleging his former employer, a medical provider, retaliated against him for being a whistleblower on a potential HIPAA violation by wrongfully terminating his employment. The employer alleged that former employee had abandoned patients in the middle of their treatment by leaving work without permission. Resolved in mediation.

 

  • Action by female physician alleging her employer, a medical provider, discriminated against her by paying her less than a male counterpart performing substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions. She further alleged that employer retaliated against her for demanding wage parity and for being a whistleblower. Employer alleged that any difference in compensation was due to bona fide factors other than sex, including merit, the quality or quantity of work and seniority, and denied any retaliation occurred. Resolved by mediator's proposal. ​​

 

  • Action by construction worker alleging his former employer, a construction company, wrongfully terminated and discriminated against him because of his disability and perceived disability. Former employer alleged that the matter was preempted by a collective bargaining agreement compelling arbitration, and that employee had failed to take advantage of his union's grievance procedure, did not engage in the interactive process, and could not have performed the essential functions of the job with or without accommodation. Resolved by mediator's proposal.

 

  • Action by 58-year-old foreman with 20 years of tenure alleging that his former employer, a manufacturer, wrongfully terminated him  because of his age and disability, and retaliated against him for taking family and medical leave for his own serious health condition. The employer alleged that the employee failed to perform and business necessity required his dismissal. Resolved by mediator’s proposal.

 

  • Action by foreclosure specialist alleging that her former employer, a financial services company, wrongfully terminated her because she had taken family and medical leave as well as disability leave for surgeries related to her serious cancer-related genetic condition, and because she had complained about unpaid commissions. The employer alleged that the employee’s job was eliminated as part of a layoff. Resolved by mediator’s proposal.

 

  • Action by sales customer service representative alleging that her former employer, an auto parts business, discriminated against and harassed her because of her sex and sexual orientation, retaliated against her for having complained, failed to prevent discrimination and harassment, and committed various torts. The employer alleged that the employee did not suffer adverse job action and had failed to report her complaints to human resources. Resolved by mediator’s proposal.

 

  • Action by district manager alleging his former employer, an auto parts business, discriminated and retaliated against him for taking family and medical leave for the birth of his child and wrongfully terminated him. The employer alleged the employee failed to perform. Resolved by mediator’s proposal.

 

  • Action by cook alleging her former employer, a restaurant, retaliated against her because of her association with a family member’s disability, and for complaining about health and safety as well as meal and rest break violations. The restaurant alleged the employee had elected to quit her job to appear on a televised cooking show and had no return rights. Resolved by mediator’s proposal.

 

  • Action by facilities manager alleging her former employer, a university, discriminated against and harassed her because of her race and sex, retaliated against her for complaining, constructively terminated her, and committed other compensation violations and torts against her. The university alleged the employee failed to exhaust her administrative remedies. Resolved by mediator’s proposal.

  • Action by seasonal employee alleging her former supervisor and former employer, a governmental agency, sexually harassed, battered, assaulted, discriminated, retaliated, created a hostile work environment, failed to prevent such conduct, and intentionally inflicted emotional distress against her. The employer alleged that it took reasonable steps to prevent discrimination and retaliation from occurring, and the employee failed to avoid the consequences by not using the employer's complaint procedure. Resolved following mediation.

  • Action by tenure-track professor alleging her former employer, a university, discriminated against her when it denied her tenure and terminated her on account of her sex, age and marital status. The employer alleged that the professor had not met the standards for research and teaching required for tenure following a seven-year probationary period.