Failure to Engage Interactive Process

Useful Resources for Disability Discrimination – Failure to Engage Interactive Process

Recent Rulings on Disability Discrimination – Failure to Engage Interactive Process

GEORGE CASTRO VS LOS ANGELES COUNTY PROBATION DEPARTMENT

On March 24, 2020, Plaintiff filed a fifth amended complaint (5AC) alleging: (1) disability discrimination based on failure to grant a reasonable accommodation and (2) disability discrimination: failure to engage in interactive process. On July 28, 2020, this Court granted Defendant’s motion to strike without leave to amend. Now, Plaintiff moves for relief under CCP section 473, subd. (b).

  • Hearing

    Jan 21, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

KENIA MARISOL GOMEZ VS FRAGRANT FOODS, A CALIFORNIA ENTITY UNKNOWN, ET AL.

The court found in favor of Plaintiff at trial on the causes of action for (1) Failure to Prevent Discrimination, Harassment and Retaliation (FEHA); (2) Failure to Provide Reasonable Accommodations (FEHA); (3) Failure to Engage in a Good Faith Interactive Process (FEHA); (4) Violation of California Pregnancy Disability Leave Law; (5) Wrongful Termination in Violation of Public Policy; and (6) Wage and Hour Violations.

  • Hearing

    Jan 15, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

ANI MIRZOYAN VS WEST COAST WOUND AND SKIN CARE INC.

Code § 12940(M) (against WCWSC); (7) Failure to Engage in Timely, Good Faith, Interactive Process to Determine Reasonable Accommodation For Disability (Gov. Code § 12940(N)) (against WCWSC); (8) Failure to Reasonably Accommodate Disabilities (Gov. Code § 12940(M) ((against WCWSC); (9) Pregnancy Disability Leave Retaliation (Gov. Code § 12945) (against WCWSC); (10) Pregnancy Disability Leave Discrimination (Gov. Code § 12945) (against WCWSC); (11) Harassment Based On Race (Gov.

  • Hearing

    Jan 15, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

GORJI ASHRAF VS KOLAH FARANGI INC ET AL

was harmed; and (8) defendant’s failure to engage in a good-faith interactive process was a substantial factor in causing plaintiff’s harm.

  • Hearing

    Jan 14, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

DIANA LANDAVERDE VS MOVADO GROUP, INC., A NEW JERSEY CORPORATION, ET AL.

Code § 19240(m)) (against Movado Defendants); Failure to Engage in the Interactive Process (Cal. Gov. Code § 12940(n)) (against Movado Defendants); Harassment on the Basis of Pregnancy, Sex, and/or Disability (Cal. Gov. Code § 12940(j)); Retaliation for Requesting Accommodation (Cal. Gov. Code § 12940(l)) (against Movado Defendants); Retaliation for Exercising Rights under CFRA (Cal. Gov.

  • Hearing

    Jan 14, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

SALVADOR CISNEROS VS WILLIAM S. HART UNION HIGH SCHOOL DISTRICT

Failure to Engage in the Interactive Process (Gov’t Code 12940(n)) 4. Retaliation (Gov’t Code 12940(h)&(m)(2)) 5. Failure to Maintain a Discrimination Free Environment (Gov’t Code 12940(k)) RULING: The demurrer is overruled. Answer is due within 20 days. This action arises out of Plaintiff’s employment with Defendant as a night lead custodian. Plaintiff’s employment with Defendant began in 2006. (FAC ¶5).

  • Hearing

    Jan 14, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

DAIJI HAMAZAKI VS MARUWA AMERICA CORP.

Eleventh Cause of Action for Failure to Engage in the Interactive Process in Violation of FEHA (Gov’t. Code § 12940, et seq.) Twelfth Cause of Action for Failure to Provide Reasonable Accommodation in Violation of FEHA (Gov’t. Code § 12940, et seq.) Defendant’s demurrer to the eleventh and twelfth causes of action is sustained with 20 days leave to amend. Plaintiff fails to state facts sufficient to state a cause of action.

  • Hearing

    Jan 14, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

CIPRIANO RIOS VS ASPIRE PUBLIC SCHOOLS

Code § 12940(a) & (m)]; (3) failure to engage in the interactive process [Gov. Code § 12940(n); (4) failure to prevent discrimination and retaliation [Gov. Code § 12940(j) & (k)]; (5) retaliation [Gov. Code § 12940(h)]; (6) intentional infliction of emotional distress; (7) wrongful termination in violation of public policy [Gov. Code § 12940(a)]; (8) failure to compensate for all hours worked, including overtime [Lab.

  • Hearing

    Jan 14, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

KARLA GOMEZ, AN INDIVIDUAL VS ANDOVER MAINTENANCE, INC., A CALIFORNIA COMPANY; SPECIALTY SERVICES, A CALIFORNIA COMPANY, ET AL.

Third Cause of Action – Failure to Engage in the Interactive Process Defendants argue Plaintiff fails to allege a request for accommodations for a qualified disability and that Defendants failed to engage in an interactive process regarding that accommodation. (Demurrer at p. 4.) “While a claim of failure to accommodate is independent of a cause of action for failure to engage in an interactive dialogue, each necessarily implicates the other. [Citation.]” (Moore v.

  • Hearing

    Jan 13, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

JOSE DE ANDA VS CITY OF LOS ANGELES

, good faith interactive process with the plaintiff, (5) the plaintiff was harmed, and (6) the employer’s failure to engage in a good faith interactive process was a substantial factor in causing the plaintiff’s harm.

  • Hearing

    Jan 13, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

BIANCA ENRIQUEZ VS PROVIDENCE HOLY CROSS MEDICAL CENTER ET A

On February 13, 2019, Plaintiff Bianca Enrique filed suit against Providence Health System Southern California dba Providence Holy Cross Medical Center (Providence), Heidi Lennartz, and Susana Lopez Sanchez, alleging: (1) wrongful termination in violation of public policy; (2) age discrimination; (3) hostile work environment –age discrimination; (4) a violation of the Age Discrimination in Employment Act (ADEA); (5) disability discrimination; (6) failure to engage in a timely good faith interactive process;

  • Hearing

    Jan 13, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

JOSAF SANDOVAL VS TACO NAZO, ET AL.

Failure to Engage in a Timely & Good Faith Interactive Process in Violation of FEHA (Gov. Code §12940(n)); 4. Harassment in Violation of FEHA (Gov. Code §12940(j)); 5. Retaliation in Violation of FEHA (Gov. Code §12940(h); 6. Failure to Prevent/Remedy Discrimination, Harassment and/or Retaliation in Violation of FEHA (Gov. Code §12940(k)); 7. Whistleblower Retaliation (Lab. Code §§ 98.6, 6310, 1102.5); 8. Wrongful Discharge in Violation of Public Policy; and 9.

  • Hearing

    Jan 12, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

JANE DOE VS SKANSKA USA CIVIL WEST CALIFORNIA DISTRICT, INC., ET AL.

The Complaint asserts causes of action for (1) sexual assault and battery, (2) discrimination in violation of the UCRA and FEHA, (3) harassment in violation of FEHA and Civil Code section 51.9, (4) violation of the Ralph Act, (5) interference with the exercise of civil rights in violation of the Bane Act, (6) gender violence in violation of Civil Code section 52.4, (7) retaliation in violation of FEHA, (8) failure to provide reasonable accommodation in violation of FEHA, (9) failure to engage in the interactive

  • Hearing

    Jan 08, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

YAJAIRA TERRIQUEZ VS KAZI FOODS INC ET AL

Plaintiff filed the Complaint on December 19, 2017 alleging 13 causes of action for: (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”), (2) harassment in violation of the FEHA, (3) retaliation in violation of the FEHA, (4) failure to prevent discrimination, harassment, and retaliation in violation of the FEHA, (5) failure to provide reasonable accommodations in violation of the FEHA, (6) failure to engage in a good faith interactive process in violation of the FEHA, (7) declaratory

  • Hearing

    Jan 07, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • County

    Los Angeles County, CA

KOLONE SMITH VS THERAPEUTIC HEALTH COLLECTIVE

BACKGROUND On May 15, 2020, plaintiff Kolone Smith filed a complaint against Therapeutic Health Collective for (1) race discrimination, (2) disability discrimination, (3) failure to accommodate disability, (4) failure to engage in an interactive process, (5) failure to prevent discrimination, and (6) wrongful termination in violation of public policy. Trial is set for September 22, 2021.

  • Hearing

    Jan 07, 2021

  • Type

    Employment

  • Sub Type

    Wrongful Term

JHOANA ALMACHE VS LAC USC MEDICAL CENTER ET AL

The complaint asserts claims for: (1) Disability Discrimination; (2) Failure Accommodate; (3) Failure to Engage in an Interactive Process; (4) Unlawful Retaliation; (5) Harassment; (6) Failure to Prevent Harassment, Discrimination and/or Retaliation; (7) Violation of Health & Safety Code § 1278.5; (8) Violation of Labor Code § 1102.5; (9) Wrongful Adverse Employment Actions in Violation of Public Policy; and (10) Intentional Infliction of Emotional Distress.[2] On September 9, 2020, Defendants filed the instant

  • Hearing

    Jan 05, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

ERIKA COLMENARES VS LAS PALMITAS FRESH FRUIT INC., A CALIFORNIA CORPORATION, ET AL.

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT BACKGROUND: On April 29, 2020, Plaintiff Erika Colmenares commenced this action against Defendants Las Palmitas Fresh Fruit Inc. and Don Luis aka Luis Gil for (1) sexual harassment/hostile work environment; (2) discrimination based upon sex/gender; (3) discrimination based upon disability; (4) failure to accommodate; (5) failure to engage in the interactive process; (6) retaliation; (7) failure to take all reasonable steps to prevent harassment, discrimination

  • Hearing

    Jan 04, 2021

  • Type

    Employment

  • Sub Type

    Other Employment

ALEJANDRO ARZOLA VS BETTY GONZALEZ, ET AL.

Plaintiff’s Complaint alleges the following causes of action: (1) disability harassment in violation of the FEHA, (2) disability discrimination in violation of the FEHA, (3) failure to provide reasonable disability accommodation in violation of the FEHA, (4) failure to engage in an interactive process in violation of the FEHA, (5) retaliation for requests for accommodation, complaints of discrimination in violation of the FEHA, (6) unlawful violation of the California Family Rights Act, (7) unlawful retaliation

  • Hearing

    Dec 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ALBARRAN VS MCSPI, INC

A failure to engage in this process is a separate FEHA violation. (Wilson v. County of Orange (2009) 169 Cal.App.4th 1193.) “The purpose of the interactive process is to determine what accommodation is required.” (A.N. v. Albertsons, LLC (2009) 178 Cal.App.4th 455, 464.)

  • Hearing

    Dec 29, 2020

KEENE VS AAA

She set forth six causes of action, the first five of which were violations of FEHA (discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination, and retaliation), and a sixth cause of action for wrongful termination in violation of public policy. (Friedlander Decl., Ex. 3.) AAA generally denied her claims. (Friedlander Decl., Ex. 4.) The parties mutually selected the arbitrator, Zela G.

  • Hearing

    Dec 18, 2020

LESLIE NAVA VS WEST COVINA STAR BRIGHT ORTHODONTICS DENTAL

Lee dba Star Bright Orthodontics and Dental) (“Defendant”) and Does 1-50 for: Wrongful Termination in Violation of Public Policy Disability Discrimination in Violation ,of Public Policy Failure to Accommodate/Failure to Engage in the Interactive Process Retaliation in Violation [of] Public Policy On March 14, 2018, Plaintiff filed an “Amendment to Complaint,” wherein “Peter J. Lee DDS, Inc.” was named in lieu of Doe 1. The Final Status Conference is set for June 1, 2021.

  • Hearing

    Dec 17, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SANDRA DOMINGUEZ ET AL. VS STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, A PUBLIC AGENCY ET AL.

At issue here, the FAC pleads causes of action for Disability Discrimination, Failure to Accommodate, Failure to Engage in the Interactive Process, and Failure to Prevent Discrimination and Retaliation, all in violation of FEHA.

  • Hearing

    Dec 16, 2020

  • Judge

    George J. Abdallah

  • County

    San Joaquin County, CA

RAYMOND PELOSO V. ARCIERO & SONS, INC. ET AL.

Plaintiff alleges causes of action for (1) wrongful termination in violation of public policies; (2) age discrimination; (3) harassment based on age; (4) disability discrimination; (5) harassment based on disabilities and perceived disabilities; (6) retaliation for requesting and using accommodations for disabilities; (7) failure to engage in a timely, good faith, interactive process to determine reasonable accommodation for disability; (8) failure to reasonably accommodate disabilities; (9) retaliation for

  • Hearing

    Dec 15, 2020

ENIS GONZALEZ VS BOCCHI LABORATORIES, ET AL.

The Complaint states five causes of action for: 1) disability discrimination; 2) failure to accommodate; 3) failure to engage in the interactive process; 4) failure to prevent discrimination; and 5) harassment. On September 3, 2020, Horizon filed a motion to compel arbitration. On October 20, 2020, Plaintiff filed an opposition. On October 26, 2020, Horizon filed a reply.

  • Hearing

    Dec 14, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SUJEY TINOCO VS TERESA MEDICAL CENTER, INC., A CALIFORNIA CORPORATION

In the FAC, Plaintiff asserts 15 causes of action for (1) discrimination in violation of the Fair Employment and Housing Act (“FEHA”), (2) retaliation in violation of the FEHA, (3) failure to prevent discrimination and retaliation in violation of the FEHA, (4) failure to provide reasonable accommodations in violation of the FEHA, (5) failure to engage in a good faith interactive process in violation of the FEHA, (6) violation of Government Code § 12945 (pregnancy disability leave), (7) violation of the California

  • Hearing

    Dec 11, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

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