Tentative Ruling:
Defendants The Permanente Medical Group, Inc. (“TPMG”) and Theresa Lopez (“Lopez”) (collectively “Defendants”) seek a motion for summary judgment, or in the alternative, summary adjudication of Plaintiff Maurice Allen’s (“Plaintiff”) Complaint. Motion for Summary Judgment is DENIED. Motion for Summary Adjudication is GRANTED in part, and DENIED in part, as set forth below.
1st Cause of Action – Physical Disability/Medical Condition Discrimination. FEHA prohibits employment discrimination on the basis of a physical disability or medical condition or perceived physical impairment or disability. (Gov. Code §§12940(a), 12926.1(b).) To establish a case of discrimination based on disability or medical condition, Plaintiff has the initial burden to show that he: “(1) suffered from a disability, or was regarded as suffering from a disability; (2) could perform the essential duties of the job with or without reasonable accommodations, and (3) was subjected to an adverse emp
Hearing Date
May 20, 2019
For full print and download access, please subscribe at https://www.trellis.law/.
Tentative Ruling:
Defendants The Permanente Medical Group, Inc. (“TPMG”) and Theresa Lopez (“Lopez”) (collectively “Defendants”) seek a motion for summary judgment, or in the alternative, summary adjudication of Plaintiff Maurice Allen’s (“Plaintiff”) Complaint. Motion for Summary Judgment is DENIED. Motion for Summary Adjudication is GRANTED in part, and DENIED in part, as set forth below.
1st Cause of Action – Physical Disability/Medical Condition Discrimination. FEHA prohibits employment discrimination on the basis of a physical disability or medical condition or perceived physical impairment or disability. (Gov. Code §§12940(a), 12926.1(b).) To establish a case of discrimination based on disability or medical condition, Plaintiff has the initial burden to show that he: “(1) suffered from a disability, or was regarded as suffering from a disability; (2) could perform the essential duties of the job with or without reasonable accommodations, and (3) was subjected to an adverse emp