Case details

Bus operator: Employer failed to accommodate his disabilities

SUMMARY

$1904635

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
depression, emotional distress, mental, psychological
FACTS
In January 2011, plaintiff Raphael Vasquez, a bus operator in his 60s, was terminated from his position by the Los Angeles County Metropolitan Transportation Authority. Vasquez, who was hired in 2007, was fired for violating the attendance policy by exceeding eight chargeable absences, according to the Transportation Authority. Vasquez claimed he was wrongfully terminated, since his absences were attributed to his multiple disabilities. Vasquez sued the Transportation Authority. He alleged that the Transportation Authority’s actions constituted disability discrimination, failure to accommodate, failure to engage in the interactive process, and retaliation in violation of the California Family Rights Act. Vasquez claimed his absences were due to his four disabilities: hip pain due to a deteriorated femur, cataracts in both eyes, diabetes, and gout. He claimed the Transportation Authority violated the California Family Rights Act and discriminated against his disability by counting the eight absences as chargeable absences under the attendance policy. He further claimed the refusal to waive those absences served as a failure to accommodate his disability and a form of retaliation. Defense counsel contended that Vasquez failed to fully notify his employer about his disabilities or about his belief that he qualified for the California Family Rights Act. Counsel argued that Vasquez should have been more affirmative in bringing to the Transportation Authority’s attention the facts regarding his disabilities and qualifications for the California Family Rights Act. Counsel also argued that some of the eight absences were unrelated to Vasquez’s alleged disabilities. In addition, defense counsel contended that Vasquez did not request any accommodation, interactive process, or provisions under the California Family Rights Act, when he was entitled, and that the decision makers at the Transportation Authority did not know that Vasquez was disabled., Vasquez claimed he found work as a part-time bus driver in October 2012, but that he was ultimately laid off in October 2013. He claimed the Los Angeles County Metropolitan Transportation Authority’s conduct towards him caused depression and emotional distress, and that he seeks future treatment consisting of medication and therapy. Thus, Vasquez sought recovery of $84,348 in past lost earnings, $385,287 in future lost earnings, $225,000 in future medical costs, $4 million in past pain and suffering, and $4 million in future pain and suffering. Defense counsel argued that Vasquez was terminated for legitimate business reasons and was owed zero damages for lost earnings. Counsel further argued that the Transportation Authority did not cause Vasquez any emotional distress.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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