Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

more+
less-

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times. Finally, when the employee is expected to return from his last leave, he calls the employer (Tamura)and notifies it that he is still disabled and can’t return for another six weeks. Likely feeling the freedom of the absence of a doctor’s note and annoyed at having to accommodate the employee yet another time, the employer puts Prock on hold. After a few minutes,the employer returns and informs the employee that the company can’t hold his position that long and terminates him. Prock v. Tamura Corp. of Am., No. E054185 (Cal. Ct. App. Jan. 25, 2013).

Prock sues Tamura for disability discrimination under the California Fair Employment and Housing Act (FEHA). The employer fights back and files a motion for summary judgment against Prock because he was unable to perform any of his job functions, was totally disabled and was not a qualified individual with a disability. The employer also reminds the court that Prock was accommodated in his disability several times when his leave was repeatedly extended.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ervin Cohen & Jessup LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×