Category Archives: Disability Discrimination

New CA Case Holds That Employer Should Have Accommodated Employee’s Scheduling Needs So That He Could Care For His Disabled Son

Does an employer need to reasonably accommodate an employee’s shift scheduling requirements to enable the employee to tend to the medical needs of his son?  The court in Castro-Ramirez v. Dependable Highway Express, Inc., 2 Cal. App. 5th 1028 (Aug. … Continue reading

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Jury Awards $240 Million in Disability Discrimination Case Involving Severe Abuse of Workers with Intellectual Disabilities

The Equal Employment Opportunity Commission has announced its largest jury verdict in the federal agency’s history–$240 million–in a case in which an Iowa jury found Hill County Farms liable for subjecting 32 men with intellectual disabilities to substantial abuse and … Continue reading

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California Court Reaffirms Employers’ Obligations to Accommodate Pregnant Employees

In Sanchez v. Swissport, Inc., — Cal. App. — (Cal. App. 2d Dist. Feb. 21, 2013), the California Court of Appeals for the Second District held that California employers’ obligations as to employees requiring medical leaves of absence caused by … Continue reading

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In Wake of Harris, Jury Awards $21.7 Million to Disabled Employee in Discrimination Case

Despite the California Supreme Court’s ruling in Harris v. City of Santa Monica, discussed in detail here, in which the Court stated that plaintiffs in employment discrimination cases must prove discrimination was a “substantial factor motivating a termination of employment, … Continue reading

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Ninth Circuit Dismisses Nurse’s Disability Discrimination Claim, Finding That Where Regular Attendance is an Essential Function of the Job Position, Employee’s Disability-Induced Irregular Attendance was Fatal to Her Claim

In Samper v. Providence St. Vincent Med. Ctr., 675 F.3d 1233 (9th Cir. 2012), the Ninth Circuit stated: “This case tests the limits of an employer’s attendance policy.  Just how essential is showing up for work on a predictable basis?  In … Continue reading

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California Court Approves $1,571,500 Verdict In Favor of Disabled LAPD Officer

In Cuiellette v. City of Los Angeles, 194 Cal. App. 4th 757 (2011), the California Court of Appeal concluded that substantial evidence supported a $1,571,500 verdict in favor of plaintiff Rory Cuiellette, a former Los Angeles Police Department (LAPD) officer, … Continue reading

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The Rise of Disability Discrimination Claims

The Los Angeles Daily Journal published an article written by Bernstein & Friedland, P.C. Partner Diana Friedland discussing the increasing rate at which disability discrimination claims are being filed against employers. The article examines recent case law and administrative decisions … Continue reading

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