Case details

Worker denied re-employment due to medical restrictions: suit

SUMMARY

$1539487

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
arms, mental distress
FACTS
On June 2, 2011, plaintiff Raymond Adame, 58, a machine mechanic for Alcoa Fastening Systems, returned to work after being on medical leave for approximately 2.5 years. Adame was previously injured while lifting a 50- to 100-pound transformer in 2007, at the age of 54. The accident and subsequent surgeries severely limited the use of his arms, and he was placed on medical leave. He was ultimately cleared to return to work with restrictions in May 2011. However, Adame claimed that upon his return on June 2, 2011, he was subjected to discrimination. He contended that he could have performed several different jobs after his injury, but that, instead, he was told that no suitable positions were available and he was terminated on June 8, 2011. Adame sued Alcoa Fastening Systems. He alleged that Alcoa’s actions constituted violations of California’s Fair Employment and Housing Act, including disability discrimination, failure to accommodate, failure to engage in the interactive process, and failure to prevent discrimination. He also alleged that Alcoa’s actions constituted wrongful termination. Gwen Moore was initially named as a defendant, but Adame ultimately dismissed the claims against her in August 2012, nearly three years prior to the trial. Thus, the matter proceeded to trial against Alcoa only. Adame claimed that upon his return to work, he was briefly given a position sorting parts since he was no longer being able to lift large objects. However, he claimed that he was often told, “You must be a girl since you are doing a girls job;” “We don’t have to take you back to work because you have disabilities. You have to be 100 percent healthy to work for Alcoa. That is our corporate policy;” and “What are you doing here? I don’t know what they expect me to do with you.” In addition, Adame claimed that at the time of his termination, he was told, “We are not offering you anything. You can call your attorney and tell him we are not offering you anything.” However, he claimed that at least three other positions were open and available and that he could have performed those jobs at the time of his termination, but that he was not offered any of those positions despite having a record of good performance. Defense counsel noted that Alcoa acquired the facility where Adame worked in 2002 and that prior to that, Adame worked for Fairchild Fasteners and another prior company. Counsel also noted that Adame’s claim about a statement to not hire an attorney had to do with an alleged statement made in 1997, when Adame was working for Fairchild. Defense counsel argued that due to the severity of Adame’s medical restrictions, Adame could not perform a machinist or mechanic’s position without risk of further injury and that no other permanent positions were open that Adame was qualified to perform. Counsel also called witnesses from Alcoa who denied making or hearing the statements alleged by Adame. In addition, defense counsel argued that Alcoa did not terminate Adame, but, instead, placed him back on leave and that in March 2013, Alcoa offered Adame a job that he could have performed even with his restrictions. However, counsel contended that Adame did not respond to the job offer., Adame worked for Alcoa and its predecessors for 38 years, and had worked for Alcoa since 2002. He claimed that as a direct result of his wrongful termination and the discriminatory behavior of his former employer, he suffered mental distress, anguish, and indignation, as well as damage to his career. However, Adame did not seek psychological treatment or counseling of any kind.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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