Case details

Defense: Additional leave an unreasonable accommodation

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
Plaintiff Julia Goldberg, a woman in her 40s, worked in an administrative position for Lewis Operating Corp. for almost two decades when she was ultimately terminated from her position. She claimed the termination was based on her request for additional medical leave. Goldberg sued Lewis Operating Corp., alleging disability discrimination. Separately, she brought a worker’s compensation claim against the company, seeking recovery of benefits for her work-related physical and stress. Lewis Operating claimed that Goldberg exhausted 60 days of intermittent medical leave under the Family Medical Leave Act in eight months and then submitted a doctor’s statement, which stated that she would be unable to return to work for at least six months. In the civil matter, defense counsel relied on Goldberg’s testimony from the worker’s compensation case, in which she stated that she was unable to work. Counsel noted that Goldberg had to state this in order to receive worker’s compensation benefits. Thus, defense counsel attempted to use this testimony to impeach her credibility in the civil action, during which Goldberg contended that she could have worked part-time during the six months. Counsel also argued that it had engaged in the required interactive process and that the request for additional leave was an unreasonable accommodation. Thus, defense counsel moved for summary judgment to dismiss the case., Goldberg claimed that she suffered emotional distress as a result of the disability discrimination and subsequent termination. Thus, she sought recovery of damages for her pain and suffering. She also sought recovery of back and front pay, punitive damages, and attorney fees and costs.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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