Case details
Employee: Company refused to accommodate work restrictions
SUMMARY
$160000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In October 2012, plaintiff Katrina Perona started work as a customer care representative for Time Warner Cable, but began to manifest symptoms of fibromyalgia and anxiety during her training. She claimed she brought up her medical issues during her job interview with Time Warner and requested to work a morning shift due to her condition. Perona alleged that the company representative seemed to be fine with her request, but that when she completed her training, Time Warner refused to accommodate her request for a morning shift and gave her the option to work either the late shift of 1 p.m. to 10 p.m., or the midnight shift. In addition, Perona claimed that even though she had previously requested regular restroom breaks, her manager told her that she had to use the restroom in 30 seconds or less. In April 2013, Perona went on medical leave due to her medical conditions. After two weeks, she returned to work, but then began another medical leave shortly thereafter. In July 2013, Perona attempted to return to work from her medical leave of absence. She was told by her physician that she could return to work for four hours a day, five days a week, but must work in the morning, and that she could not lift, pull or carry over 10 pounds for the next two months. However, Time Warner allegedly refused Perona’s requested accommodation as it related to scheduling and, instead, extended her medical leave of absence through September 2013. Subsequently, in October 2013, when Perona tried to extend her leave through November 2013, Time Warner denied Perona’s request and terminated her. Perona sued Time Warner Cable Inc., alleging violations under the Fair Employment and Housing Act, including disability discrimination based on her termination, failure to provide reasonable accommodation, and failure to engage in the interactive process. Defense counsel denied Perona’s allegations, and contended that Perona was terminated for legitimate business reasons. Counsel argued that it would have been an undue hardship on Time Warner to have Perona return to work on a part-time basis or extend her leave in October 2013., Perona claimed that Time Warner’s failure to engage in the interactive process exacerbated her fibromyalgia and anxiety disorder. She also claimed she suffered emotional distress as a result of Time Warner’s conduct.
COURT
United States District Court, Central District, Los Angeles, CA
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