Case details
Employer failed to alter work requirements for disabled man: suit
SUMMARY
$31559.2
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
brain, convulsion, epileptic, pain, seizure
FACTS
On May 1, 2013, plaintiff Oscar Ornelas, 29, a maintenance technician at Real Asset Management Inc., resigned from his position. Ornelas claimed that his employer did not accommodate his disability. Ornelas sued Real Asset Management Inc., alleging discrimination, negligent supervision, and constructive discharge based on his disability in violation of public policy. He also alleged that Real Asset Management failed to prevent discrimination, failed to accommodate his disability, failed to engage in the interactive process to determine a reasonable accommodation for his disability. Ornelas started working as a maintenance technician for Real Asset Management in October 2006. However, he claimed that he had eight seizures between 2006 and 2013, two of which occurred during the course of his employment with Real Asset Management — one in April 2009 and one in April 2011. Ornelas claimed that as a result, by November 2012, his physician recommended that he no longer climb ladders, or use harsh chemicals and heavy machinery during the course of his employment due to the possibility of inducing an epileptic seizure or convulsion. Ornelas claimed that, initially, his limitations were followed, but that he was later assigned tasks involving climbing ladders and using chemicals. He contended that he spoke with his supervisor about the situation and then wrote a formal complaint to his supervisor on Dec. 19, 2012. However, Ornelas claimed that he did not get a response from his employer, and he was directed to obtain a letter from his doctor as to when the restrictions would be lifted. Ornelas claimed that the restriction regarding the use of harsh chemicals and heavy machinery was eventually lifted in February 2013, but that the other limitation remained in place. In March 2013, Ornelas started copying work orders that required him to ignore the restrictions and on May 1, 2013, he resigned from his position with a two-week notice to his employer, citing his last day as being May 10, 2013. However, Ornelas claimed that he was sent home from work at Real Asset Management on May 7, 2013. Defense counsel argued that Real Asset Management did make accommodations for Ornelas’ disability. In response, plaintiff’s counsel argued that the alleged accommodations were not executed by Ornelas’ supervisor and that the work environment was hostile, thus causing Ornelas to resign., Ornelas sought recovery of past loss of earnings as a result of having to quit his job. He also sought recovery of damages for his emotional past pain and suffering as a result of the hostile work environment and being constructively discharged.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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