ADA and Disability Discrimination

REPRESENTATIVE CASES

  • Dispute regarding allegations that plaintiff was a disabled mobility impaired shopper requiring a wheelchair.  She filed a complaint, alleging that she encountered obstacles in several stores located in a mall, in the parking lot, and in the mall restroom.  Defendant alleged that plaintiff visited the same locations on many occasions without complaint or notice to employees, and that several of the violations were de minimis, such as the restroom violation that the mirror in the restroom was placed too high for use by anyone in a wheelchair.  The violations in the complaint included violation of the ADA, the Unruh Civil Rights Act (Civil Code section 51 et seq.), and Title 24 of the California Code of Regulations.

  • An employee alleged that she complained to her employer about computers which were located in a manner which caused injury and strain to herself and to her co-workers. When she received no response, she complained to OSHA. Her employer yelled at her during a meeting for complaining, and announced that she had to go. Her work station was relocated to an undesirable location, and she was removed from the online work schedule. She requested accommodation at her new work location for her ongoing cancer treatment, but received no response. She requested being returned to her former work location, and instead, was relocated to an even less desirable location which did not provide accommodation, and her hours were reduced. She requested to transfer to a vacant and available position which would accommodate her condition, which was denied. She then repeatedly complained that she was being retaliated against and was not being accommodated. Employee sued for failure to accommodate and engage in interactive process in violation of Government Code section 12940, for disability discrimination, and retaliation in violation of Labor Code section 1102.5.

  • Employee alleged that, after spending 20 years as a laborer in the shipping department, she underwent cancer treatment, preventing her from lifting heavy loads. She alleged that she was requested to and did provide a physician's note listing her restrictions. Adequate accommodation was not provided, and the physician determined she was unable to work. After spending a year out of work on disability, she requested to return to work, but was not given her former position, nor an alternate position, accommodating her limitations. Employee sued for violations of Government Code section 12940 for disparate treatment based on disability, failure to provide reasonable accommodation, failure to engage in the interactive process, for the failure to prevent harassment, discrimination and retaliation, for retaliation, for violation of the Family and Medical Leave Act (Government Code section 12945.2), and for wrongful termination, discrimination and retaliation in violation of public policy for exercising her rights.

  • Complaint for disability discrimination, failure to prevent discrimination and harassment, retaliation, failure to accommodate disability, failure to engage in interactive process, and wrongful termination in violation of public policy.

  • African-American maintenance mechanic alleged that he had a disability and was injured on the job, for which he filed a workers’ compensation claim. His supervisor allegedly exhibited favoritism toward Latino workers, and discriminated against non-Latino workers, including plaintiff. Plaintiff claimed that his supervisor made derogatory remarks about him in Spanish and was wrongfully terminated. Plaintiff filed a claim with DFEH for wrongful termination, discrimination and harassment in violation of Government Code section 12940 for race and physical disability, failure to engage in interactive process, failure to accommodate, harassment, retaliation, violation of Labor Code section 1102.5(c), fraud and deceit, intentional infliction of emotional distress, and unfair competition in violation of Business and Professions Code section 17200.