What is Disability Discrimination in Violation of FEHA?

Useful Resources for Disability Discrimination in Violation of FEHA

Recent Rulings on Disability Discrimination in Violation of FEHA

JANE ROSSO VS ALHAMBRA UNIFIED SCHOOL DISTRICT

Issue No. 2: “For an order of summary adjudication pursuant to Code of Civil Procedure §437c(f)(1) as to Rosso’s second cause of action for perceived and/or mental disability discrimination in violation of California Government Code §§ 12940 et seq. [FEHA] on the grounds that Plaintiff cannot establish at least one element of that cause of action and that Plaintiff cannot establish a triable issue of material fact.”

  • Hearing

    Oct 15, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

MARTIN TOSCANO, JR VS W.A. RASIC CONSTRUCTION COMPANY, INC., A CALIFORNIA CORPORATION

The Complaint asserts causes of action under: (1) FEHA for disability discrimination; (2) failure to accommodate disability; (3) failure to engage in the interactive process; (4) violation of California Family Rights Act; (5) retaliation; (6) failure to prevent discrimination and retaliation; (7) wrongful termination in violation of public policy; (8) unlawful discrimination and retaliation in violation of Labor Code § 1102.5; (9) unlawful discrimination and retaliation in violation of Labor Code § 98.6; (10

  • Hearing

    Oct 14, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

MARGARET VIGIL, ET AL. VS GUARANTY COLLECTION COMPANY, ET AL.

., and Craig Nathan for (1) race discrimination; (2) race-based harassment; (3) gender/sex based discrimination; (4) gender/sex-based harassment; (5) disability discrimination; (6) disability-based harassment; (7) age discrimination; (8) age-based harassment; and (9) wrongful termination. On August 14, 2020, Plaintiffs filed a notice of death of Plaintiff Jessica Castellanos. On September 15, 2020, Chantal McCoy Payton, Marissa L. Simmons, and Robert V.

  • Hearing

    Oct 14, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

DEVENIA ZIMMERMAN VS GOODWILL, SERVING THE PEOPLE OF SOUTHERN LOS ANGELES COUNTY, ET AL.

Claims To Be Arbitrated Plaintiff alleges fourteen causes of action: (1) disability discrimination in violation of the FEHA; (2) failure to accommodate/engage in the interactive process in violation of the FEHA; (3) association based discrimination; (4) interference with CFRA rights and retaliation for taking/requesting CFRA leave in violation of FEHA; (5) retaliation for requesting accommodation/opposing practices forbidden by the FEHA; (6) hostile work environment in violation of the FEHA; (7) failure to

  • Hearing

    Oct 13, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

EDITH JAIMES VS DDA HOLDINGS INC.

On February 11, 2020, Plaintiff filed her complaint against Defendant alleging causes of action for disability discrimination, failure to accommodate, failure to engage in a good faith interactive process, violation of CFRA and retaliation, failure to prevent retaliation, disability harassment, failure to prevent harassment, FEHA retaliation, wrongful termination, declaratory relief, and injunctive relief in connection with Defendant’s February 21, 2018 termination of Plaintiff’s employment as an accounts payable

  • Hearing

    Oct 08, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JANE DOE, ET AL. VS EMPLOYERS HR, LLC, ET AL.

On July 24, 2020, Plaintiffs filed the operative Second Amended Complaint (“SAC”) against defendants Lyneer Staffing Solutions LLC, Employers HR LLC (“Employers”), Ciera Staffing, LLC, Capacity West LLC, Juan Hilario, Jonathan Silva, Yvonne Canseco, and Does 1 to 100 alleging claims for: (1) sexual assault and battery; (2) sexual harassment in violation of the FEHA; (3) disability harassment in violation of the FEHA; (4) sex/gender discrimination in violation of the FEHA; (5) disability discrimination in violation

  • Hearing

    Oct 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

BORDEN VS AMAZON.COM

For the first and third causes of action for discrimination, Plaintiff sets forth a prima facia case of age and disability discrimination. (1) he was over 40 years old; (2) he suffered from chronic knee pain following an injury in December 2015; (3) he was performing competently in the position he held; (4) he suffered an adverse employment action (termination); and (5) he presents evidence to suggest discriminatory motive (namely, the comments/treatment from his direct supervisors).

  • Hearing

    Oct 05, 2020

SUBRINA MILLER VS NORA ROQUE, ET AL.

First Cause of Action for Disability Discrimination against the District and Fourth Cause of Action for Failure to Prevent Discrimination in Violation of the FEHA To establish a prima facie case for discrimination under the FEHA, a plaintiff must show that “(1) he was a member of a protected class, (2) he was qualified for the position he sought or was performing competently in the position he held, (3) he suffered an adverse employment action, such as termination, demotion, or denial of an available job, and

  • Hearing

    Oct 05, 2020

GLENDA JOHNSON VS JEREMY NEWMAN, ET AL.

The FAC asserts causes of action for: Sexual Harassment in Violation of FEHA (Violation of Gov. Code § 12940(j)); Sexual Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); Sexual Battery (against Newman); Disability Discrimination in Violation of FEHA (Violation of Gov. Code § 12940(a)) (against the District); Retaliation in Violation of FEHA (Violation of Gov.

  • Hearing

    Oct 02, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

AJA STEEN, AN INDIVIDUAL VS IHS GLOBAL INC., A DELAWARE CORPORATION

EDD documents relating to Plaintiff in the possession of HCIC, the treating hospital, tend in reason to relate to Plaintiff’s disability discrimination claim. In the Court’s view, this is sufficient evidence to show that the documents are relevant to this disability discrimination lawsuit and that these privileges have been waived by filing this action. (Chavez v. Southwest Key Program, Inc. (S.D.

  • Hearing

    Oct 02, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

MIGUEL A MIRANDA VS DASAN INTERNATIONAL CORPORATION

Plaintiff was employed with defendant, a glass maker, from approximately April 2016 through June 2017, during which time he alleges that he was subject to disability discrimination. Specifically, Plaintiff alleges that he was injured while performing glass work duties, informed his employer and allegedly did not receive reasonable accommodation for his physical disability as requested.

  • Hearing

    Oct 01, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

JAMES THOMAS VS KAISER FOUNDATION HEALTH PLAN INC ET AL

The burden therefore shifts to Plaintiff to cite admissible evidence sufficient to raise a triable issue of material fact that this reason is a pretext for intentional disability discrimination.

  • Hearing

    Oct 01, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

JESUS ENRIQUE RAMOS RIOS VS GREEN FARMS, INC., ET AL.

On December 19, 2019, Plaintiff Jesus Enrique Ramos Rios (“Plaintiff”) filed a Complaint against his former employers Defendants Green Farm Inc. and Green Farms California, LLC (collectively, “Defendants”) alleging eight (8) causes of action for (1) Disability Discrimination in Violation of the California Fair Employment and Housing Act (“FEHA”); (2) Failure to Accommodate in Violation of the FEHA; (3) Failure to Engage in the Interactive Process in Violation of the FEHA; (4) Retaliation in Violation of the

  • Hearing

    Oct 01, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ROSA MARIA CASTANEDA VS COMFORT BEDDING MANUFACTURING INC., A CALIFORNIA CORPORATION

Factual Background This is a FEHA disability discrimination case. The Complaint alleges as follows. Plaintiff Rosa Maria Castaneda (“Castaneda”) was employed by Defendants Comfort Manufacturing, Inc. (“Comfort”) from March 2013 – May 5, 2017, as an hourly-paid machine operator. (Compl. ¶ 8.) On January 18, 2017, Castaneda suffered an injury at work when she fell and suffered head and back injuries. (Compl. ¶ 10.)

  • Hearing

    Oct 01, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

DEL CARMEN SANCHEZ VS. COUNTY OF ORANGE

Thus, the first cause of action lacks sufficient facts to show all of the elements for disability discrimination under FEHA. The second cause of action failure to accommodate disability in violation of Gov. Code § 12940(m).

  • Hearing

    Oct 01, 2020

ESTHER TOVAR VS ONNI PROPERTIES, LLC, ET AL.

On August 1, 2019, Plaintiff Esther Tovar (“Plaintiff”) field the instant disability discrimination suit against Defendant Onni Properties LLC (“Onni”), Capilano Properties LLC (“Capilano”) and Felipe Velez (“Velez”). The operative First Amended Complaint (“FAC”) alleges five causes of action for: 1) discrimination and failure to prevent discrimination based on disability; 2) failure to accommodate; 3) failure to engage in the interactive process; 4) retaliation; and 5) harassment.

  • Hearing

    Sep 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

XXXXXXXXXXX VS CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER,, ET AL.

Discrimination in Violation of FEHA A prima facie case of disability discrimination requires:¿ (1) plaintiff suffered from a disability, or was regarded as suffering from a disability; (2) plaintiff could perform the essential duties of the job with or without reasonable accommodations; and (3) plaintiff was subjected to an adverse employment action because of the disability or perceived disability. (Sandell¿v.

  • Hearing

    Sep 30, 2020

(NO CASE NAME AVAILABLE)

Factual Background This is a FEHA disability discrimination case. The Complaint alleges as follows. Plaintiff Rosa Maria Castaneda (“Castaneda”) was employed by Defendants Comfort Manufacturing, Inc. (“Comfort”) from March 2013 – May 5, 2017, as an hourly-paid machine operator. (Compl. ¶ 8.) On January 18, 2017, Castaneda suffered an injury at work when she fell and suffered head and back injuries. (Compl. ¶ 10.)

  • Hearing

    Sep 30, 2020

ANTHONY LOPEZ VS HENRY MAYO NEWHALL MEMORIAL HOSPITAL

Neither article 15, article 21, nor article 25 explicitly incorporates any of the provisions of FEHA prohibiting disability discrimination, age discrimination, and failure to provide reasonable accommodation. The general reference to complying with and abiding by all state and local discrimination laws is not an explicit incorporation of FEHA. (Citation omitted.) At a minimum, the agreement must specify the statutes for which claims of violation will be subject to arbitration. (Citations omitted.)

  • Hearing

    Sep 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SILVIA CHAVEZ VS DUB, INC., ET AL.

On March 16, 2020, Plaintiff filed a Complaint, and on June 16, 2020, the operative First Amended Complaint (“FAC”) against Defendants for the following causes of action: (1) Associational Disability Discrimination in Violation of the FEHA; (2) Disability Discrimination in Violation of the FEHA; (3) Retaliation in Violation of the FEHA; (4) Wrongful Termination of Employment in Violation of Public Policy; (5) Intentional Infliction of Emotional Distress (“IIED”); (6) Failure to Accommodate in Violation

  • Hearing

    Sep 29, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

GIOVANNI NAVARRO VS AUTO COLLISION GROUP, INC., ET AL.

To establish a prima facie case of disability discrimination, a plaintiff must show that: (1) he suffers from a disability or was regarded as suffering from a disability, (2) he is qualified to perform his job, and, (3) he has suffered an adverse employment action because of his disability. (Faust v. California Portland Cement Co. (2007) 150 Cal.App.4th 864, 886.

  • Hearing

    Sep 29, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

LYNN THOMPSON VS THE DIPLOMAT CONDOMINIUM ASSOCIATION, INC., A CALIFORNIA CORPORATION, ET AL.

Thompson has shown a reasonable prospect of success on her FEHA disability discrimination claim. 3. Balance of Hardships In determining whether to issue a preliminary injunction, the second factor which a trial court examines is the interim harm that plaintiff is likely to sustain if the injunction is denied as compared to the harm that the defendant is likely to suffer if the court grants a preliminary injunction. Donahue Schriber Realty Group, Inc. v.

  • Hearing

    Sep 29, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

JOY SLAGEL VS LIBERTY MUTUAL INSURANCE COMPANY ET AL

In order to establish a prima facie case of FEHA disability discrimination, the employee-plaintiff must prove: (1) she suffered from a disability; (2) with or without reasonable accommodation, she could perform the essential functions of the employment position she held or desired; and (3) that she was subjected to an adverse employment action because of her disability. (Jensen v. Wells Fargo Bank (2000) 85 Cal. App. 4th 245, 254.)

  • Hearing

    Sep 29, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BRANDI TRIGUEROS VS MCDONALDS RESTAURANTS OF CALIFORNIA INC

Plaintiff’s Complaint alleges the following causes of action: (1) disability discrimination in violation of the Fair Housing Employment Act (“FEHA”), (2) failure to reasonably accommodate in violation of the FEHA, (3) failure to engage in the interactive process in violation of the FEHA, (4) failure to maintain a workplace free from discrimination and retaliation in violation of the FEHA, (5) retaliation in violation of the FEHA, (6) wrongful termination in violation of public policy, (7) failure to re-hire

  • Hearing

    Sep 29, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

NICOLE CAMPOS VS LAUSD

The second and third causes of action are for age and physical disability discrimination under the FEHA.

  • Hearing

    Sep 28, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

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