Preview
ii i DROP Rf
FILED •
I JOSHUA F. FALAKASSA (SBN: 295045) ornCQurt..Of
<.S^^fi^qrpCQ5irt f CaS ifomla,
FALAKASSA LAW, P.C. 2
2 1901 Avenue ofthe Stars Suite # 450
0S/,0S-/20|l,e-i
3 Los Angeles, Califomia 90067 •^^<'::^^l.:^^;.•;'•:^•'y''i'Ou:.!:
Tel.: (818) 456-6168
4 Fax: (888) 505-0868 Depsuty
Email: iosh(5).falakassalaw.com
5
ARASH S. KHOSROWSHAHI (SBN: 293246)
6
LIBERTY MAN LAW
7 1010 F Street, Ste. 300
Sacramento, Califomia 95814
8 Tel.: (916) 573-0469
Fax: (866) 700-0787
9 Email: libertvmanlaw@gmail.com
10
Attomeys for PlaintifF
11 SAJIDA ZAMAN
12 SUPERIOR COURT OF CALIFORNIA
COUNTY OF SACRAMENTO
13
14
15 SAJIDA ZAMAN, Case No.:
16 Plaintiff, COMPLAINT FOR DAMAGES
17 vs.
(1) WRONGFUL TERMINATION IN
18 LIQUI-BOX CORPORATION, and DOES 1 VIOLATION OF PUBLIC
through 20, inclusive. POLICY;
19 (2) RETALIATION IN VIOLATION
Defendants. OF PUBLIC POLICY;
20 (3) DISIBILITY DISCRIMINATION
21 IN VIOLATION OF FEHA;
(4) FAILURE TO ENGAGE IN THE
22 INTERACTIVE PROCESS BV
VIOLATION OF FEHA;
23 (5) FAILURE TO PROIVDE A
24 REASONABLE
ACCOMODATION IN
25 VIOLATION OF FEHA;
(6) INTENTIONAL INFLICTION OF
26 EMOTIONAL DISTRESS.
27
DEMAND FOR JURY TRIAL
28 DEMAND EXCEEDS $25,000
1 of 12
1 COMES NOW Plaintiff Sajida Zaman ("Plaintiff') for causes of action against
2
Defendant Liqui-Box Corporation ("Defendant") and Defendants Does 1 through 20
3
(collectively "Defendants") alleged as follows:
4
PARTIES
5
1. Plaintiff is, and at all relevant times was, an adult female residing in Sacramento
6
County, California.
7
2. Plaintiff is informed and believes and on that basis alleges that Defendant is and
8
at all relevant times was a corporation organized and existing under the laws of the State of Ohio,
9
with its principal place ofbusiness at 901 E. Byrd Street, Suite 1105, Richmond, Virginia 23219
10
3. Defendant does business in the County of Sacramento, State of Califomia as a bag
11
manufacturer. Defendant employed PlaintifF and more than five people at its bag manufacturing
12
center located at 5000 Warehouse Way, Sacramento, Califomia 95826. As such. Defendant is
13
and at all relevant times was an "employer" defined by the Califomia Fair Employment and
14
Housing Act ("FEHA").
15
4. Plaintiif is ignorant of the tme names and capacities of Defendants sued herein as
16
Does 1 through 20, inclusive, and therefore sues these E>efendants by such fictitious names.
17
Plaintiff will amend this Complaint to allege their tme names and capacities when the same have
18
been ascertained. Plaintiff is informed and believes and thereupon alleges that each ofthe
19
fictitiously named Defendants is legally and/or equitably responsible for the occurrences herein
20
alleged.
21
5. At all times herein mentioned Defendants, and each of them, were the agents and
22
employees of the other Defendants, and each of them, and in doing the things hereinafter alleged,
23
were acting in the course and scope of the agency and employment and with the permission of
24
Defendants, and each of them.
25
GENERAL ALLEGATIONS
26
6. On December 9,2003 Defendant hired Plaintifif to work in the position of "Packer" at
27
Defendant's liquid bag manufacturing center in Sacramento, Califomia. Plaintiff was eventually
28
promoted to "Inspector-Packer," and her job duties included packing and inspecting bags, and
2 of 12
1
other labor-intensive tasks, which required standing for long periods and lifling/hauling heavy
2
loads. Over the course her 15 year employment. Plaintiff performed her job duties and regulariy
3
met the expectations of her supervisors and managers.
4
7. On or about December 3, 2018, Plaintiff suffered an injury to her left knee while
5
working for Defendants. After feeling some initial stiffiiess in her knee, over time. Plaintiffs
6
knee injury gradually turned into consistent and considerable pain. When PlaintiflFbecame aware
7
of the knee injury, shereportedit to Defendant, sought treatment and began a workers'
8
compensation claim. The knee injury caused chronic pain, and interfered with Plaintiffs ability
9
to work.
10
8. On or about January 3,2019, Plaintiff sought medical treatment through Defendant's
11
workers' compensation medical provider as instmcted by Defendant's human resources
12
department. Defendant sent a human resourcesrepresentativewith Plaintiff, who witnessed
13
PlaintifTs medical examination without her written consent. PlaintifTs workers' compensation
14
claim was ultimately accepted by Defendant's workers' compensation insurance.
15
9. After the accompanied doctor's visit. Plaintiff was instmcted by Defendant's
16
human resourcesrepresentativeto go home until fiirther notice. On January 8,2019, Plaintifif
17
was instmcted by Defendant toretumto woric for a meeting on January 10,2019. At the January
18
10^ meeting Defendant terminated Plaintiffs 15-year employment because she allegedly
19
"neglected toreport[her] injury timely."
20
10. Plaintiff's injury required that she take time off work, modified work duty and/or
21
other reasonable accommodations. However, upon learning of Plaintiff's work-related injury.
22
Defendant almost inmiediately terminated Plaintiffs employment. Plaintiff alleges that if she
23
had not become injured on the job, and that if she had not filed a workers' compensation claim,
24
she would not have been terminated. Plaintiff alleges that Defendant retaliated against her and
25
otherwise discriminated against her due to her disability and filing of a worker's compensation
26
claim by firing Plaintiff.
27
11. On March 7,2019, Plaintiff filed with the Califomia Department of Fair
28
Employment and Housing (hereinafter "DFEH") a complaint charging Defendant with
3 of 12
1
discrimination in violation of FEHA. On March 7, 2019, DFEH issued Plaintiff aright-tosue
2
letter.
3
FIRST CAUSE OF ACTION
4
(Wrongful Tennination in Violation of Public Policy)
5
12. Plaintiff incorporates each allegation set forth in paragraphs 1 through 11.
6
13. The preface to the Califomia Labor Code §132a states: "It is the declared policy
7
of this state that there should not be discrimination against workers who are injured in the course
8
and scope of their employment."
9
14. Govemment Code §12940 etseq., § 12945.2 and Labor Code § 132(a) prohibit
10
Defendantsfi-omterminating an employee for exercising anyrightimder the Califomia Fair
11
Employment and Housing Act ("FEHA").
12
15. As stated herein. Plaintiff suffered an injury to her left knee while performing
13
work for Defendants. This injury required Plaintiff to take time off work, file a workers'
14
compensation claim and seek medical treatment. The knee injury caused Plaintiff chronic pain
15
and interfered with Plaintiff's ability to work. As alleged herein. Defendants terminated Plaintiff
16
based on her disability, and utterly failed in its obligation to engage in the interactive process
17
and/or provide areasonableaccommodation, in violation of the public policiesftirtheredby
18
FEHA and the Labor Code.
19
16. Plaintiff is infonned and believes, and based thereon alleges that Defendants
20
terminated Plaintiffs employment based upon her disability and/or because of Plaintiff s work-
21
place injury and decision to file a workers' compensation claim.. The conduct of Defendants
22
constitutes unlawfiil disability discrimination based on Plaintiffs work-related injury in violation
23
of the Califomia public policies embodied in Labor Code § 132a and the FEHA. Plaintiffs
24
work-related injury and disability were substantial motivating reasons for Plaintiffs discharge,
25
causing Plaintiff harm.
26
17. As a result of Defendants' discriminatory actions against her, Plaintifif has
27
sufifered and continues to sufifer damages in the form of lost wages and other employment
28
4 of 12
1
benefits, and severe emotional and physical distress, the exact amount of which will be proven at
2
trial.
3
18. Defendants and each ofthem acted for the purpose of causing Plaintiff to suffer
4
financial loss and severe emotional distress and physical distress and are guilty of oppression and
5
malice, justifying an award of exemplary and punitive damages in an amount to be proven at
6
trial.
7
SECOND CAUSE OF ACTION
8
(Retaliation in Violation of Public Policy)
9
19. Plaintiff incorporates each allegation set forth in paragr^hs 1 through 18.
10
20. Govemment Code § 12940, § 12945.2 and Labor Code § 132(a) prohibit
11
Defendants from retaliating against an employee for exercising anyrightunder the FEHA and/or
12
Califomia's Workers' Compensation system. Califomia Labor Code §132a states: "It is the
13
declared policy of this state that there should not be discrimination against workers who are
14
injured in the course and scope of their employment."
15
21. Plaintifif engaged in legally protected activity as a disabled employee under the
16
FEHA, byfilinga workers' compensation claim, and seeking medical treatment.
17
22. Inretaliationfor Plaintiffs disability, and for her filing a woricers' compensation
18
claim. Defendants terminated Plaintiffs employment on January 10,2019.
19
23. That Plaintiff suffered a work-place injury,fileda workers' compensation claim
20
and was disabled were motivating reasons for Defendants' decision to terminate Plaintiff on
21
January 10,2019.
22
24. The conduct of Defendants constitutes wrongful discharge inretaliationfor
23
Plaintiffs disability and/or exercise of workers compensationrightsin violation of the Califomia
24
public polices embodied under Govemment Code § 12940, § 12945.2 ("FEHA") and Labor
25
Code § 132(a) ("It is the declared policy ofthis state that there should not be discrimination
26
against workers who are injured in the course and scope of their employment.") Plaintiffs work
27
related injury, disability and exercise ofrightsunder the workers' compensation system were
28
substantial motivatingreasonsfor Plaintiffs retaliatory discharge, causing Plaintiff harm.
5 of 12
1 25. As a result of Defendants wrongful discharge of Plaintifif, she has suffered and
2
continues to suffer damages in the form of lost wages and other employment benefits, and severe
3
emotional and physical distress, the exact amount of which will be proven at trial.
4
26. Defendants acted for the purpose of causing Plaintiff to sufferfinancialloss and
5
severe emotional distress and physical distress and are guilty of oppression and malice, justifying
6
an award of exemplary and punitive damages which will be proven at trial.
7
THIRD CAUSE OF ACTION
8
(Disability Discrimination in Violation of FEHA)
9
27. Plaintifif incorporates each allegation set forth in paragraphs 1 through 26.
10
28. At all times herein mentioned, Govemment Code § 12940 et seq., § 12926.1, §
11
12945.2 ("FEHA") were in fiill force and effect and binding upon Defendants. The FEHA
12
requires that Defendantsrefi^infiom discharging any personfi'omemployment on the basis of
13
physical disability or medical condition.
14
29. Plaintifif is, and at all times herein mentioned was an "employee" who suffers
15
from a disabilify as defmed by the FEHA.
16
30. At all times herein mentioned. Plaintiff was qualified and competent to perform
17
the duties of her position, and or any other which were available, with a reasonable
18
accommodation.
19
31. Defendant knew that Plaintiff sufifered fcom a disability that limited her major life
20
activity. Plaintiff is informed and believes and thereon alleges that based upon her disability.
21
Defendants terminated Plaintiffs employment, and failed to engage in the interactive process,
22
and/or provide a reasonable accommodation for Plaintiff
23
32. Plaintiffs disability was a substantial motivating reason for Defendants' decision
24
to discharge Plaintiff. Plaintiff was harmed, and Defendants' conduct was a substantial factor in
25
causing Plaintiffs harm.
26
33. As aresultof Defendants wrongful discharge of Plaintiff, she has suffered and
27
continues to suffer damages in the form of lost wages and other employment benefits, and severe
28
emotional and physical distress, the exact amount of which will be proven at trial.
6 of 12
1
34. Defendants and each of them acted for the purpose of causing Plaintifif to suffer
2
financial loss and severe emotional distress and physical distress and are guilty of oppression and
3
malice, justifying an award of exemplary and punitive damages which will be proven at trial.
4
FOURTH CAUSE OF ACTION
5
(Failnre to Engage in the Interactive Process in Violation of FEHA)
6
35. Plaintifif incorporates each allegation set forth in paragraphs 1 through 34.
7
36. Govemment Code § 12940(n) provides in pertinent part: "[Ijt is unlawful
8
employment practice, unless based on upon a bonafideoccupational qualification, or, except
9
where based upon applicable security regulations established by the United States or the State of
10
Califomia: (n) For an employer or other entity covered by this part to fail to engage in a timely,
11
goodfaith, interactive process with the employee... to determine effective reasonable
12
accommodations, if any, in response to a request for reasonable accommodation by an
13
employee... with a... known medical condition." (emphasis added)
14
37. Plaintiff is informed and believes and on that basis alleges that the Defendants did
15
not engage in a reasonable nor meaningful interactive process withregardto Plaintifif and her
16
work-related injury, and instead immediately terminated Plaintiff
17
38. After Plaintiff notified Defendants of her work-related injury and disability, and
18
her need for leave. Defendants failed torespondin any meaningful manner except to terminate
19
Plaintifif on the grounds that she reported her injury in an untimely manner.
20
39. Defendants through its employees and agents failed to engage in a meaningflil or
21
reasonable interactive processregardingPlaintiffs disability in violation of Govemment Code §
22
12940(n).
23
40. Plaintiff was willing to participate in an interactive process to determine whether
24
a reasonable accommodation could be made so that she would be able to perform the essential
25
job requirements. Defendants failed to participate in a timely good-faith interactive process with
26
Plaintiff to determine whether reasonable accommodation could be made. Plaintiff was harmed,
27
and Defendants' Allure to engage in a good-faith interactive process was a substantial factor in
28
causing Plaintiffs harm.
7 of 12
1
41. As aresultof Defendants' failure to engage in the interactive process, Plaintifif
2
has suffered and continues to suffer damages in the form of lost wages and other employment
3
benefits, and severe emotional and physical distress, the exact amount of which will be proven at
4
trial. Plaintiff also seeks statutory attomey's fees and costs pursuant to Govemment Code §
5
12965.
6
42. Defendants and each of them acted for the purpose of causing Plaintiff to suffer
7
financial loss and severe emotional distress and physical distress and are guilty of oppression and
8
malice, justifying an award of exemplary and punitive damages which will be proven at trial.
9
FIFTH CAUSE OF ACTION
10
(Failure to Accommodate Disability in Violation of FEHA)
11
43. Plaintiff incorporates each allegation set forth in paragraphs 1 through 42.
12
44. At all times mentioned herein Plaintifif suffered from a physical disability from a
13
work-related injury described above.
14
45. Defendants engaged in conduct that intended to, and did, discriminate against
15
Plaintiff by unlawfiilly failing andrefiisingto reasonably accommodate Plaintiffs known
16
physical disability and related conditions and symptoms, by unlawfiilly failing to engage in a
17
timely good faith interactive process with Plaintifif to determine effective reasonable
18
accommodations for Plaintiffs known physical disability, and by instead terminating Plaintiff
19
soon after teaming of her work-related injury.
20
46. Plaintiffs knee injury was a physical condition that limited her major life
21
activities. Defendant knew of Plaintiff s knee injury that limited her major life activities. Plaintifi
22
was able to perform the essential job duties with reasonable accommodation for her knee injury,
23
but Defendant failed to provide any reasonable accommodation for Plaintiffs condition. Plaintiff
24
was harmed, and Defendant's failure to provide reasonable accommodation was a substantial
25
factor in causing Plaintiff harm.
26
47. As aresultof Defendants' failure to accommodate Plaintifif, Plaintiffhas suffered
27
and continues to suffer damages in the form of lost wages and other employment benefits, and
28
severe emotional and physical distress, the exact amount of which wili be proven at trial.
Sof 12
1 48. Defendants and each of them acted for the purpose of causing Plaintiff to suffer
2
financial loss and severe emotional distress and physical distress and are guilty of oppression and
3
malice, justifying an award of exemplary and punitive damages.
4
SIXTH CAUSE OF ACTION
5
(Intentional Infliction of Emotional Distress)
6
49. Plaintiff incorporates each allegation set forth in paragraphs 1 through 48.
7
50. Plaintiffs injured left knee is a physical disability within the meaning of
8
Govemment Code § 12926 because it is a condition affecting one or more of the body's major
9
life activities, which prevents Plaintifffiromworking without restrictions.
10
51. Defendants acted intentionally and/or recklessly and subjected Plaintifif to severe
11
emotional distress by committing outrageous acts against Plaintifif including terminating
12
Plaintiffs employment because she suffered fcom a workTrelated injury; terminating Plaintiffs
13
employment inretaliationforfilinga workers' compensation claim; terminating Plaintiff
14
because she suffered fcom a disability and due to her need for areasonableaccommodation.
15
52. In doing the acts herein alleged. Defendants acted outrageously with the intent of
16
causing (or with reckless disregard of the probability of causing) severe emotional distress to
17
Plaintifif. Defendants' conduct was outrageous because Defendants knew Plaintiff was injured at
18
work and became disabled, and hence needed special accommodations to heal. Knowing this.
19
DefendantfiredPlaintififrightafter she made her workers' compensation claim, violating her
20
right to privacy in her medical records in the process.
21
53. Defendants' actions directly and proximately resulted in Plaintiff suffering and
22
continuing to suffer extreme and severe anguish, humiliation, embarrassment, emotional distress,
23
mental suffering, nervousness, tension, anxiety, and depression, all to Plaintiffs detriment in a
24
sum to be ascertained according to proof
25
54. As a direct, foreseeable, and proximateresultof Defendants' actions, and each of
26
its actions alleged in this cause of action, the Plaintifif has suffered, and continues to sufifer,
27
substantial losses in job opportunities, career losses, salary, bonuses, job benefits and other
28
employment benefits she would have received had said Defendants' actions, and each of their
9 of 12
1
actions, not caused her such emotional suffering and grief, all to Plaintiffs damage in a sum to
2
be ascertained according to proof
3
55. As a direct, foreseeable, and proximateresultof Defendants' actions as alleged in
4
this cause of action, which were intentional, malicious, oppressive, and made in a bad faith
5
manner in an attempt to vex, injure, annoy, and or willfiilly and consciously disregarded the
6
Plaintiffsrightsby taking the actions alleged in this cause of action, the Plaintiff prays for
7
punitive damages against Defendants to be ascertained according to proof, but in a sufficiently
8
large amount to punish said Defendants, deter fiiture conduct by said Defendant, and to make an
9
example of said Defendant.
10
WHEREFORE, Plaintiff prays for the following relief:
11
A. As to the First Cause of Action,
12
a. Compensatory damages according to proof at trial;
13
b. General and special damages in order to compensate Plaintiff for loss ofjob
14
security, failure to properly advance within her career, damage to reputation,
15
expenses and physical, mental and emotional injuries according to proof at
16
trial;
17
c. Exemplary and punitive damages according to proof at trial;
18
d. Prejudgment and postjudgment interest; and
19
e. Any other relief the court deems proper.
20
B. As to the Second Cause of Action
21
a. Compensatory damages according to proof at trial;
22
b. General and special damages in order to compensate Plaintifif for loss ofjob
23
security, failure to properly advance within her career, damage to reputation,
24
expenses and physical, mental and emotional injuries according to proof at
25
trial;
26
c. Exemplary and punitive damages according to proof at trial;
27
d. Reasonably attomeys' fees and costs pursuant to Govemment Code § 12965;
28
e. Prejudgment and post judgment interest; and
10 of 12
1
f
2
C. As to
3
a.
4
b.
5
security, failure to properly advance within her career, damage to reputation,
6
expenses and physical, mental and emotional injuries according to proof at
7
trial;
8
c.
9
d.
10
e.
11
f
12
D. As to
13
a.
14
b.
15
security, failure to properly advance within her career, damage to reputation,
16
expenses and physical, mental and emotional injuries according to proof at
17
trial;
18
c.
19
d.
20
e.
21
f
22
E. Astb
23
a.
24
b.
25
security, failure to properly advance within her career, damage to reputation,
26
expenses and physical, mental and emotional injuries according to proof at
27
trial;
28
c.
11 of 12
1
d. Reasonably attomeys' fees and costs pursuant to Govemment Code § 12965;
2
e. Prejudgment and post judgment interest; and
3
f Any otherreliefthecourt deems proper.
4
F. As to the Sixth Cause of Action,
5
a. General and special damages for mental and emotional injuries according to
6
proof at trial;
7
b. . Exemplary and punitive damages according to proof at trial;
8
c. Prejudgment and postjudgment interest; and
9
d. Any otherreliefthe court deems proper.
10
Dated this 8"" of March, 2019
11
12
13
14 Arash S. Khosrowshahi
Joshua Falakassa
15 Attomeys for Plamtiff SAJIDA ZAMAN
16
17
18
19
20
21
22
23
24
25
26
27
28
12 of 12
Preview
ii i DROP Rf FILED • I JOSHUA F. FALAKASSA (SBN: 295045) ornCQurt..Of <.S^^fi^qrpCQ5irt f CaS ifomla, FALAKASSA LAW, P.C. 2 2 1901 Avenue ofthe Stars Suite # 450 0S/,0S-/20|l,e-i 3 Los Angeles, Califomia 90067 •^^<'::^^l.:^^;.•;'•:^•'y''i'Ou:.!: Tel.: (818) 456-6168 4 Fax: (888) 505-0868 Depsuty Email: iosh(5).falakassalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) 6 LIBERTY MAN LAW 7 1010 F Street, Ste. 300 Sacramento, Califomia 95814 8 Tel.: (916) 573-0469 Fax: (866) 700-0787 9 Email: libertvmanlaw@gmail.com 10 Attomeys for PlaintifF 11 SAJIDA ZAMAN 12 SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 13 14 15 SAJIDA ZAMAN, Case No.: 16 Plaintiff, COMPLAINT FOR DAMAGES 17 vs. (1) WRONGFUL TERMINATION IN 18 LIQUI-BOX CORPORATION, and DOES 1 VIOLATION OF PUBLIC through 20, inclusive. POLICY; 19 (2) RETALIATION IN VIOLATION Defendants. OF PUBLIC POLICY; 20 (3) DISIBILITY DISCRIMINATION 21 IN VIOLATION OF FEHA; (4) FAILURE TO ENGAGE IN THE 22 INTERACTIVE PROCESS BV VIOLATION OF FEHA; 23 (5) FAILURE TO PROIVDE A 24 REASONABLE ACCOMODATION IN 25 VIOLATION OF FEHA; (6) INTENTIONAL INFLICTION OF 26 EMOTIONAL DISTRESS. 27 DEMAND FOR JURY TRIAL 28 DEMAND EXCEEDS $25,000 1 of 12 1 COMES NOW Plaintiff Sajida Zaman ("Plaintiff') for causes of action against 2 Defendant Liqui-Box Corporation ("Defendant") and Defendants Does 1 through 20 3 (collectively "Defendants") alleged as follows: 4 PARTIES 5 1. Plaintiff is, and at all relevant times was, an adult female residing in Sacramento 6 County, California. 7 2. Plaintiff is informed and believes and on that basis alleges that Defendant is and 8 at all relevant times was a corporation organized and existing under the laws of the State of Ohio, 9 with its principal place ofbusiness at 901 E. Byrd Street, Suite 1105, Richmond, Virginia 23219 10 3. Defendant does business in the County of Sacramento, State of Califomia as a bag 11 manufacturer. Defendant employed PlaintifF and more than five people at its bag manufacturing 12 center located at 5000 Warehouse Way, Sacramento, Califomia 95826. As such. Defendant is 13 and at all relevant times was an "employer" defined by the Califomia Fair Employment and 14 Housing Act ("FEHA"). 15 4. Plaintiif is ignorant of the tme names and capacities of Defendants sued herein as 16 Does 1 through 20, inclusive, and therefore sues these E>efendants by such fictitious names. 17 Plaintiff will amend this Complaint to allege their tme names and capacities when the same have 18 been ascertained. Plaintiff is informed and believes and thereupon alleges that each ofthe 19 fictitiously named Defendants is legally and/or equitably responsible for the occurrences herein 20 alleged. 21 5. At all times herein mentioned Defendants, and each of them, were the agents and 22 employees of the other Defendants, and each of them, and in doing the things hereinafter alleged, 23 were acting in the course and scope of the agency and employment and with the permission of 24 Defendants, and each of them. 25 GENERAL ALLEGATIONS 26 6. On December 9,2003 Defendant hired Plaintifif to work in the position of "Packer" at 27 Defendant's liquid bag manufacturing center in Sacramento, Califomia. Plaintiff was eventually 28 promoted to "Inspector-Packer," and her job duties included packing and inspecting bags, and 2 of 12 1 other labor-intensive tasks, which required standing for long periods and lifling/hauling heavy 2 loads. Over the course her 15 year employment. Plaintiff performed her job duties and regulariy 3 met the expectations of her supervisors and managers. 4 7. On or about December 3, 2018, Plaintiff suffered an injury to her left knee while 5 working for Defendants. After feeling some initial stiffiiess in her knee, over time. Plaintiffs 6 knee injury gradually turned into consistent and considerable pain. When PlaintiflFbecame aware 7 of the knee injury, shereportedit to Defendant, sought treatment and began a workers' 8 compensation claim. The knee injury caused chronic pain, and interfered with Plaintiffs ability 9 to work. 10 8. On or about January 3,2019, Plaintiff sought medical treatment through Defendant's 11 workers' compensation medical provider as instmcted by Defendant's human resources 12 department. Defendant sent a human resourcesrepresentativewith Plaintiff, who witnessed 13 PlaintifTs medical examination without her written consent. PlaintifTs workers' compensation 14 claim was ultimately accepted by Defendant's workers' compensation insurance. 15 9. After the accompanied doctor's visit. Plaintiff was instmcted by Defendant's 16 human resourcesrepresentativeto go home until fiirther notice. On January 8,2019, Plaintifif 17 was instmcted by Defendant toretumto woric for a meeting on January 10,2019. At the January 18 10^ meeting Defendant terminated Plaintiffs 15-year employment because she allegedly 19 "neglected toreport[her] injury timely." 20 10. Plaintiff's injury required that she take time off work, modified work duty and/or 21 other reasonable accommodations. However, upon learning of Plaintiff's work-related injury. 22 Defendant almost inmiediately terminated Plaintiffs employment. Plaintiff alleges that if she 23 had not become injured on the job, and that if she had not filed a workers' compensation claim, 24 she would not have been terminated. Plaintiff alleges that Defendant retaliated against her and 25 otherwise discriminated against her due to her disability and filing of a worker's compensation 26 claim by firing Plaintiff. 27 11. On March 7,2019, Plaintiff filed with the Califomia Department of Fair 28 Employment and Housing (hereinafter "DFEH") a complaint charging Defendant with 3 of 12 1 discrimination in violation of FEHA. On March 7, 2019, DFEH issued Plaintiff aright-tosue 2 letter. 3 FIRST CAUSE OF ACTION 4 (Wrongful Tennination in Violation of Public Policy) 5 12. Plaintiff incorporates each allegation set forth in paragraphs 1 through 11. 6 13. The preface to the Califomia Labor Code §132a states: "It is the declared policy 7 of this state that there should not be discrimination against workers who are injured in the course 8 and scope of their employment." 9 14. Govemment Code §12940 etseq., § 12945.2 and Labor Code § 132(a) prohibit 10 Defendantsfi-omterminating an employee for exercising anyrightimder the Califomia Fair 11 Employment and Housing Act ("FEHA"). 12 15. As stated herein. Plaintiff suffered an injury to her left knee while performing 13 work for Defendants. This injury required Plaintiff to take time off work, file a workers' 14 compensation claim and seek medical treatment. The knee injury caused Plaintiff chronic pain 15 and interfered with Plaintiff's ability to work. As alleged herein. Defendants terminated Plaintiff 16 based on her disability, and utterly failed in its obligation to engage in the interactive process 17 and/or provide areasonableaccommodation, in violation of the public policiesftirtheredby 18 FEHA and the Labor Code. 19 16. Plaintiff is infonned and believes, and based thereon alleges that Defendants 20 terminated Plaintiffs employment based upon her disability and/or because of Plaintiff s work- 21 place injury and decision to file a workers' compensation claim.. The conduct of Defendants 22 constitutes unlawfiil disability discrimination based on Plaintiffs work-related injury in violation 23 of the Califomia public policies embodied in Labor Code § 132a and the FEHA. Plaintiffs 24 work-related injury and disability were substantial motivating reasons for Plaintiffs discharge, 25 causing Plaintiff harm. 26 17. As a result of Defendants' discriminatory actions against her, Plaintifif has 27 sufifered and continues to sufifer damages in the form of lost wages and other employment 28 4 of 12 1 benefits, and severe emotional and physical distress, the exact amount of which will be proven at 2 trial. 3 18. Defendants and each ofthem acted for the purpose of causing Plaintiff to suffer 4 financial loss and severe emotional distress and physical distress and are guilty of oppression and 5 malice, justifying an award of exemplary and punitive damages in an amount to be proven at 6 trial. 7 SECOND CAUSE OF ACTION 8 (Retaliation in Violation of Public Policy) 9 19. Plaintiff incorporates each allegation set forth in paragr^hs 1 through 18. 10 20. Govemment Code § 12940, § 12945.2 and Labor Code § 132(a) prohibit 11 Defendants from retaliating against an employee for exercising anyrightunder the FEHA and/or 12 Califomia's Workers' Compensation system. Califomia Labor Code §132a states: "It is the 13 declared policy of this state that there should not be discrimination against workers who are 14 injured in the course and scope of their employment." 15 21. Plaintifif engaged in legally protected activity as a disabled employee under the 16 FEHA, byfilinga workers' compensation claim, and seeking medical treatment. 17 22. Inretaliationfor Plaintiffs disability, and for her filing a woricers' compensation 18 claim. Defendants terminated Plaintiffs employment on January 10,2019. 19 23. That Plaintiff suffered a work-place injury,fileda workers' compensation claim 20 and was disabled were motivating reasons for Defendants' decision to terminate Plaintiff on 21 January 10,2019. 22 24. The conduct of Defendants constitutes wrongful discharge inretaliationfor 23 Plaintiffs disability and/or exercise of workers compensationrightsin violation of the Califomia 24 public polices embodied under Govemment Code § 12940, § 12945.2 ("FEHA") and Labor 25 Code § 132(a) ("It is the declared policy ofthis state that there should not be discrimination 26 against workers who are injured in the course and scope of their employment.") Plaintiffs work 27 related injury, disability and exercise ofrightsunder the workers' compensation system were 28 substantial motivatingreasonsfor Plaintiffs retaliatory discharge, causing Plaintiff harm. 5 of 12 1 25. As a result of Defendants wrongful discharge of Plaintifif, she has suffered and 2 continues to suffer damages in the form of lost wages and other employment benefits, and severe 3 emotional and physical distress, the exact amount of which will be proven at trial. 4 26. Defendants acted for the purpose of causing Plaintiff to sufferfinancialloss and 5 severe emotional distress and physical distress and are guilty of oppression and malice, justifying 6 an award of exemplary and punitive damages which will be proven at trial. 7 THIRD CAUSE OF ACTION 8 (Disability Discrimination in Violation of FEHA) 9 27. Plaintifif incorporates each allegation set forth in paragraphs 1 through 26. 10 28. At all times herein mentioned, Govemment Code § 12940 et seq., § 12926.1, § 11 12945.2 ("FEHA") were in fiill force and effect and binding upon Defendants. The FEHA 12 requires that Defendantsrefi^infiom discharging any personfi'omemployment on the basis of 13 physical disability or medical condition. 14 29. Plaintifif is, and at all times herein mentioned was an "employee" who suffers 15 from a disabilify as defmed by the FEHA. 16 30. At all times herein mentioned. Plaintiff was qualified and competent to perform 17 the duties of her position, and or any other which were available, with a reasonable 18 accommodation. 19 31. Defendant knew that Plaintiff sufifered fcom a disability that limited her major life 20 activity. Plaintiff is informed and believes and thereon alleges that based upon her disability. 21 Defendants terminated Plaintiffs employment, and failed to engage in the interactive process, 22 and/or provide a reasonable accommodation for Plaintiff 23 32. Plaintiffs disability was a substantial motivating reason for Defendants' decision 24 to discharge Plaintiff. Plaintiff was harmed, and Defendants' conduct was a substantial factor in 25 causing Plaintiffs harm. 26 33. As aresultof Defendants wrongful discharge of Plaintiff, she has suffered and 27 continues to suffer damages in the form of lost wages and other employment benefits, and severe 28 emotional and physical distress, the exact amount of which will be proven at trial. 6 of 12 1 34. Defendants and each of them acted for the purpose of causing Plaintifif to suffer 2 financial loss and severe emotional distress and physical distress and are guilty of oppression and 3 malice, justifying an award of exemplary and punitive damages which will be proven at trial. 4 FOURTH CAUSE OF ACTION 5 (Failnre to Engage in the Interactive Process in Violation of FEHA) 6 35. Plaintifif incorporates each allegation set forth in paragraphs 1 through 34. 7 36. Govemment Code § 12940(n) provides in pertinent part: "[Ijt is unlawful 8 employment practice, unless based on upon a bonafideoccupational qualification, or, except 9 where based upon applicable security regulations established by the United States or the State of 10 Califomia: (n) For an employer or other entity covered by this part to fail to engage in a timely, 11 goodfaith, interactive process with the employee... to determine effective reasonable 12 accommodations, if any, in response to a request for reasonable accommodation by an 13 employee... with a... known medical condition." (emphasis added) 14 37. Plaintiff is informed and believes and on that basis alleges that the Defendants did 15 not engage in a reasonable nor meaningful interactive process withregardto Plaintifif and her 16 work-related injury, and instead immediately terminated Plaintiff 17 38. After Plaintiff notified Defendants of her work-related injury and disability, and 18 her need for leave. Defendants failed torespondin any meaningful manner except to terminate 19 Plaintifif on the grounds that she reported her injury in an untimely manner. 20 39. Defendants through its employees and agents failed to engage in a meaningflil or 21 reasonable interactive processregardingPlaintiffs disability in violation of Govemment Code § 22 12940(n). 23 40. Plaintiff was willing to participate in an interactive process to determine whether 24 a reasonable accommodation could be made so that she would be able to perform the essential 25 job requirements. Defendants failed to participate in a timely good-faith interactive process with 26 Plaintiff to determine whether reasonable accommodation could be made. Plaintiff was harmed, 27 and Defendants' Allure to engage in a good-faith interactive process was a substantial factor in 28 causing Plaintiffs harm. 7 of 12 1 41. As aresultof Defendants' failure to engage in the interactive process, Plaintifif 2 has suffered and continues to suffer damages in the form of lost wages and other employment 3 benefits, and severe emotional and physical distress, the exact amount of which will be proven at 4 trial. Plaintiff also seeks statutory attomey's fees and costs pursuant to Govemment Code § 5 12965. 6 42. Defendants and each of them acted for the purpose of causing Plaintiff to suffer 7 financial loss and severe emotional distress and physical distress and are guilty of oppression and 8 malice, justifying an award of exemplary and punitive damages which will be proven at trial. 9 FIFTH CAUSE OF ACTION 10 (Failure to Accommodate Disability in Violation of FEHA) 11 43. Plaintiff incorporates each allegation set forth in paragraphs 1 through 42. 12 44. At all times mentioned herein Plaintifif suffered from a physical disability from a 13 work-related injury described above. 14 45. Defendants engaged in conduct that intended to, and did, discriminate against 15 Plaintiff by unlawfiilly failing andrefiisingto reasonably accommodate Plaintiffs known 16 physical disability and related conditions and symptoms, by unlawfiilly failing to engage in a 17 timely good faith interactive process with Plaintifif to determine effective reasonable 18 accommodations for Plaintiffs known physical disability, and by instead terminating Plaintiff 19 soon after teaming of her work-related injury. 20 46. Plaintiffs knee injury was a physical condition that limited her major life 21 activities. Defendant knew of Plaintiff s knee injury that limited her major life activities. Plaintifi 22 was able to perform the essential job duties with reasonable accommodation for her knee injury, 23 but Defendant failed to provide any reasonable accommodation for Plaintiffs condition. Plaintiff 24 was harmed, and Defendant's failure to provide reasonable accommodation was a substantial 25 factor in causing Plaintiff harm. 26 47. As aresultof Defendants' failure to accommodate Plaintifif, Plaintiffhas suffered 27 and continues to suffer damages in the form of lost wages and other employment benefits, and 28 severe emotional and physical distress, the exact amount of which wili be proven at trial. Sof 12 1 48. Defendants and each of them acted for the purpose of causing Plaintiff to suffer 2 financial loss and severe emotional distress and physical distress and are guilty of oppression and 3 malice, justifying an award of exemplary and punitive damages. 4 SIXTH CAUSE OF ACTION 5 (Intentional Infliction of Emotional Distress) 6 49. Plaintiff incorporates each allegation set forth in paragraphs 1 through 48. 7 50. Plaintiffs injured left knee is a physical disability within the meaning of 8 Govemment Code § 12926 because it is a condition affecting one or more of the body's major 9 life activities, which prevents Plaintifffiromworking without restrictions. 10 51. Defendants acted intentionally and/or recklessly and subjected Plaintifif to severe 11 emotional distress by committing outrageous acts against Plaintifif including terminating 12 Plaintiffs employment because she suffered fcom a workTrelated injury; terminating Plaintiffs 13 employment inretaliationforfilinga workers' compensation claim; terminating Plaintiff 14 because she suffered fcom a disability and due to her need for areasonableaccommodation. 15 52. In doing the acts herein alleged. Defendants acted outrageously with the intent of 16 causing (or with reckless disregard of the probability of causing) severe emotional distress to 17 Plaintifif. Defendants' conduct was outrageous because Defendants knew Plaintiff was injured at 18 work and became disabled, and hence needed special accommodations to heal. Knowing this. 19 DefendantfiredPlaintififrightafter she made her workers' compensation claim, violating her 20 right to privacy in her medical records in the process. 21 53. Defendants' actions directly and proximately resulted in Plaintiff suffering and 22 continuing to suffer extreme and severe anguish, humiliation, embarrassment, emotional distress, 23 mental suffering, nervousness, tension, anxiety, and depression, all to Plaintiffs detriment in a 24 sum to be ascertained according to proof 25 54. As a direct, foreseeable, and proximateresultof Defendants' actions, and each of 26 its actions alleged in this cause of action, the Plaintifif has suffered, and continues to sufifer, 27 substantial losses in job opportunities, career losses, salary, bonuses, job benefits and other 28 employment benefits she would have received had said Defendants' actions, and each of their 9 of 12 1 actions, not caused her such emotional suffering and grief, all to Plaintiffs damage in a sum to 2 be ascertained according to proof 3 55. As a direct, foreseeable, and proximateresultof Defendants' actions as alleged in 4 this cause of action, which were intentional, malicious, oppressive, and made in a bad faith 5 manner in an attempt to vex, injure, annoy, and or willfiilly and consciously disregarded the 6 Plaintiffsrightsby taking the actions alleged in this cause of action, the Plaintiff prays for 7 punitive damages against Defendants to be ascertained according to proof, but in a sufficiently 8 large amount to punish said Defendants, deter fiiture conduct by said Defendant, and to make an 9 example of said Defendant. 10 WHEREFORE, Plaintiff prays for the following relief: 11 A. As to the First Cause of Action, 12 a. Compensatory damages according to proof at trial; 13 b. General and special damages in order to compensate Plaintiff for loss ofjob 14 security, failure to properly advance within her career, damage to reputation, 15 expenses and physical, mental and emotional injuries according to proof at 16 trial; 17 c. Exemplary and punitive damages according to proof at trial; 18 d. Prejudgment and postjudgment interest; and 19 e. Any other relief the court deems proper. 20 B. As to the Second Cause of Action 21 a. Compensatory damages according to proof at trial; 22 b. General and special damages in order to compensate Plaintifif for loss ofjob 23 security, failure to properly advance within her career, damage to reputation, 24 expenses and physical, mental and emotional injuries according to proof at 25 trial; 26 c. Exemplary and punitive damages according to proof at trial; 27 d. Reasonably attomeys' fees and costs pursuant to Govemment Code § 12965; 28 e. Prejudgment and post judgment interest; and 10 of 12 1 f 2 C. As to 3 a. 4 b. 5 security, failure to properly advance within her career, damage to reputation, 6 expenses and physical, mental and emotional injuries according to proof at 7 trial; 8 c. 9 d. 10 e. 11 f 12 D. As to 13 a. 14 b. 15 security, failure to properly advance within her career, damage to reputation, 16 expenses and physical, mental and emotional injuries according to proof at 17 trial; 18 c. 19 d. 20 e. 21 f 22 E. Astb 23 a. 24 b. 25 security, failure to properly advance within her career, damage to reputation, 26 expenses and physical, mental and emotional injuries according to proof at 27 trial; 28 c. 11 of 12 1 d. Reasonably attomeys' fees and costs pursuant to Govemment Code § 12965; 2 e. Prejudgment and post judgment interest; and 3 f Any otherreliefthecourt deems proper. 4 F. As to the Sixth Cause of Action, 5 a. General and special damages for mental and emotional injuries according to 6 proof at trial; 7 b. . Exemplary and punitive damages according to proof at trial; 8 c. Prejudgment and postjudgment interest; and 9 d. Any otherreliefthe court deems proper. 10 Dated this 8"" of March, 2019 11 12 13 14 Arash S. Khosrowshahi Joshua Falakassa 15 Attomeys for Plamtiff SAJIDA ZAMAN 16 17 18 19 20 21 22 23 24 25 26 27 28 12 of 12