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Employment (More)

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• 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.

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• 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.

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• 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.

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• 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.

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• 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.

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