Employment

Action by dental assistant alleging that her former employer, a dental practice, and a dentist engaged in: (1) unlawful harassment based on sex; (2) discrimination based on sex/gender; (3) harassment – hostile workplace environment; (4) IIED; (5) negligent hiring, supervision or retention; (6) violation of Bane Civil Rights Act; (7) failure to prevent discriminatory practices; (8) FEHA retaliation; (9) whistleblower retaliation (Lab. Code section 1102.5); (10) wrongful termination; and (11) wage-and-hour violations. The employer denied these claims, alleging instead that the dental assistant failed to follow instructions, bullied her co-workers, and created a hostile work environment. Resolved by mediator’s proposal.

Pre-litigation action by an event manager alleging that his former employer, a non-profit organization, violated the FEHA, including discrimination based on race/national origin, retaliation, wrongful termination in violation of public policy, and intentional infliction of emotional distress. The employer denied these allegations, claiming instead that the manager and other employees were laid off for budgetary shortfalls. Resolved on follow-up by mediator’s proposal.

Pre-litigation action by lead sales person alleging that her former employer, a tattoo removal business, failed to provide her with CFRA leave for her own serious health condition, interfered with such leave, retaliated against her for taking leave, wrongfully terminated her, and violated other FEHA and wage-and-hour provisions. The employer denied these claims, alleging instead that it denied the sales person her CRFA leave request because she did not turn in her doctor’s certification within 15 days, and that it terminated the employee because of her poor performance. Resolved by mediator’s proposal.

Pre-litigation action by teacher on a year-to-year contract alleging that her former employer, a public charter school, discriminated and harassed her on the basis of her disability, retaliated against her for complaining, failed to engage in the interactive process or reasonably accommodate her, and wrongfully terminated her in violation of the FEHA. The teacher went on worker’s compensation leave for stress, neck and shoulder pain after a middle school student pulled her hair. Teacher then posted videos on social media in which she complained about the alleged conduct of two students and the school’s lack of support. Although teacher did not name the students, staff and parents who watched her videos could identify them. The school requested teacher to take down her social media postings, investigated the matter, and gave teacher the option of either accepting a performance improvement plan upon her return or resigning. Teacher never made an election. Meanwhile, following her workers’ compensation leave, the teacher requested and was granted CFRA leave. When CFRA leave was exhausted, the teacher repeatedly requested further disability leaves, all of which were granted. Teacher never returned to work. The school did not offer teacher a new contract for the next school year. Resolved by mediator’s proposal.

Action by 14-year district manager alleging that his former employer, a propane company, discriminated against him for his disability, age, and taking CFRA leave, failed to engage in the interactive process and to reasonably accommodate him, was negligent in its supervision or hiring of his supervisor, did not prevent discrimination, and wrongfully terminated him in violation of public policy. The employer denied these allegations, claiming instead that because the manager could not drive, that he could not perform the essential functions of his job with or without an accommodation, that the company had granted him numerous leaves over eight months for his Parkinson’s condition, that the employee failed to submit subsequent doctor’s notes, and that an indefinite leave of absence is not a reasonable accommodation. Resolved by mediator’s proposal.

Action by 13-year call center staff alleging that her former employer, a nutrition company, discriminated, harassed, and retaliated against for her disability and medical condition, failed to engage in the interactive process or reasonably accommodate her, and constructively terminated her in violation of public policy. The staff member claimed that after she was diagnosed with diabetes, her supervisor questioned her about her doctor’s appointments and need for medication, followed her on her frequent trips to the restroom, monitored her computer screen, made derogatory comments about her condition and other personal topics, and tracked her social media accounts outside of work. The company and supervisor denied these allegations, claiming instead that they had fully accommodated the staffer, that they permitted her to take 14 leaves over the years, that the staffer voluntarily resigned and failed to engage in the interactive process, and that she had shortly obtained a higher paying job. Resolved by mediator’s proposal.

Action by warehouse worker alleging that his former employer, a logistics company, and its third-party human resources provider, discriminated against him on the bases of visual disability and age, failed to engage in the interactive process and to reasonably accommodate him, retaliated against him for taking disability leave, failed to prevent discrimination, and violated various wage-and-hour laws. The employer denied these allegations, claiming instead that the worker took four months off out of the seven months he worked there, that it accommodated the worker with leave, which was the only accommodation sought by his doctor, but that it was forced to terminate him during a business downturn. The third-party HR administrator denied that it was a joint employer. Resolved by mediator’s proposal.

Action by probationary clerk alleging that her former employer, a community college district, discriminated against her on the basis of her sex and pregnancy status under the FEHA, failed to engage in the interactive process and to reasonably accommodate her, retaliated against her for her pregnancy by tracking her bathroom and water breaks and advising her to limit her doctor’s appointments, failed to prevent discrimination and retaliation, and violated the Pregnancy Disability Leave Law. Although the district gave the clerk a positive initial performance review before she became pregnant, it gave her a negative second review after she became pregnant, and the then it terminated her before she passed probation. The district denied these allegations, claiming instead that the clerk could be terminated because she was probationary, and because her performance fell below acceptable standards between her first and second performance reviews. Resolved by mediator’s proposal.

Arbitration action by a 61-year-old manager alleging that her former employer, a non-profit organization, discriminated against her on the basis of disability and age, retaliated against her for complaining, failed to engage in the interactive process, and did not reasonably accommodate her. Manager had applied for a number of promotions, all of which went to younger applicants because they were deemed “new” and “fresh.” After manager was seriously injured in an auto accident, she first took disability leave and later returned to the workplace with temporary work restrictions. Employer immediately interviewed her staff and conducted an investigation, concluding that manager was not “dependable” or not present “the whole day,” even though she had work restrictions. Employer then terminated manager. Resolved by mediator’s proposal on follow up.

Pre-arbitration action by concrete mason alleging that his former employer, a builder, failed to provide and interfered with his CFRA leave for baby-bonding, retaliated against him for taking such leave, and wrongfully terminated him. The mason also claimed that the employer violated various wage-and-hour laws. The employer denied these allegations, claiming instead that the mason was granted CFRA leave once he qualified, that under a collective bargaining agreement union workers were given the first opportunity to take on work, and that when the mason joined the union he was sent twice to work on third-party projects. However, the employer alleged that the mason failed the third-party employer’s drug test, was thereby rejected from working there because of his test results, did not disclose this event to his employer or his union, and eventually abandoned his job in order to liquidate his 401K account. Resolved by mediator’s proposal.

Action by beauty advisor alleging that his former employer, a distributor of professional beauty products, discriminated against him because of his medical condition, retaliated against him for taking disability leave, wrongfully terminated him, failed to prevent discrimination, did not engage in the interactive process, and intentionally inflicted emotional distress upon him. The employer denied these claims, alleging instead that the advisor could not perform the essential functions of his job with or without an accommodation, that he had no protected leave rights, and that plaintiff failed to mitigate his damages. Resolved by mediator’s proposal.

Pre-litigation action by cake decorator alleging that her former employer, a supermarket, discriminated and harassed her on the bases of her disability, race, color, ancestry and national origin, retaliated against her for complaining under the FEHA and Labor Code section 1102.5, failed to prevent these violations, did not engage in the interactive process or reasonably accommodate her, breached an expressed and implied contract, wrongfully terminated her in violation of public policy, and intentionally inflicted emotional distress upon her. The employer denied these claims, alleging instead that it terminated the employee for cause when she failed to provide good customer service and violated the Health and Safety Code. The employee had manually smeared and destroyed the top of a specially ordered cake, and then tasted the frosting off her hand. The customer who ordered the cake witnessed the incident and complained. The event was also captured on the store’s surveillance video. Resolved by mediator’s proposal.

Pre-litigation action by non-tenured teacher on an annual contract alleging that her former employer, a public charter school, discriminated, harassed, and retaliated against her over her criticisms of school administrators and faculty, that the administration slandered her reputation, and that the school wrongfully terminated her following a performance improvement plan (PIP). The school denied these claims, alleging instead that the teacher had engaged in repeated incidents of unprofessional behavior, could not work collaboratively with other teachers and staff, and made several serious errors in judgment with her students. The school retained an independent evaluator whose report did not sustain the teacher’s complaints. The school gave the teacher an opportunity to improve under a PIP and to finish the school year. At the end of the term, the school did not offer a new contract for her to teach there. Resolved by mediator’s proposal.

Pre-arbitration action by acting store manager alleging that her former employer, a chain of drug stores, failed to provide her with, interfered with, and retaliated against her for requesting CFRA leave after she suffered a miscarriage, and wrongfully terminated her. The employer disagreed, claiming instead that it terminated the employee because she did not follow store protocol in handling a shoplifter. The employee asserted that the employer’s reason for her termination was pretextual, because she had followed the instructions of her supervisors and the police in dealing with the shoplifter. Resolved by mediator’s proposal.

Action by assembly worker alleging that her former employer, an engineering contractor for the aerospace industry, failed to provide her with CFRA leave, interfered with her right to such leave, and retaliated against her for requesting such leave when she traveled to her native country to care for her grandmother, who was dying from a brain tumor. When plaintiff was a day late in returning to work after her grandmother passed, she claimed the employer wrongfully terminated her. The employer denied the allegations, claiming instead that plaintiff did not explicitly state she needed to care for her seriously ill grandmother sufficient to trigger CFRA leave. Resolved by mediator’s proposal.

Pre-arbitration action by a technician alleging that her former employer, a health group, discriminated and retaliated against her, and wrongfully terminated her within six days of her request for pregnancy disability leave, discriminated against her on account of her gender and pregnancy, interfered with her right to request CFRA leave, failed to engage in the interactive process, did not reasonably accommodate her, and committed various wage-and-hour violations. Plaintiff had a high-risk pregnancy that led to a C-section, neonatal intensive care for her baby, as well as psychiatric treatment for her bipolar, depression, and anxiety disorders. The employer alleged that it laid off the technician, because the company needed to downsize and that it terminated her for cause. Resolved by mediator’s proposal.

Pre-litigation matter by a 29-year manager alleging that his former employer, a package delivery company, wrongfully terminated him under a zero-tolerance policy. Two human resources personnel, who walked into manager’s auditing meeting, allegedly overheard manager use the “N” word. The two colleagues reported the incident, which triggered an internal investigation. The findings showed that, of the eight meeting participants, no one else heard manager use the racial epithet, and all found it would have been out of character for him to use such foul language. When employer terminated manager, he appealed the adverse action to a peer review committee of persons unconnected to the incident. Familiar with manager’s stellar work record and unpersuaded by the investigation, the committee unanimously sided with the manager. The employer nonetheless rejected the committee’s recommendation. The parties then proceeded to mediation. Resolved following mediation.

Action by an operations manager alleging that his former employer, a motion sensor technology manufacturer, discriminated against and harassed him on the basis of his national origin/ethnicity and religion, failed to take all reasonable steps to correct workplace policies, retaliated against and wrongfully terminated him because after he complained. The manufacturer alleged that it was forced to terminate manager, because he had used the company’s warehouse to personally receive stolen property from a third-party delivery driver. The manufacturer also claimed that the manager filed his FEHA complaints only after his termination. Resolved following mediation.

Action by eight-month bookkeeper alleging that her former employer, a flooring company, discriminated against her on the basis of disability, failed to engage in the interactive process and reasonably accommodate her on her spinal surgery, and wrongfully terminated her in violation of public policy. Employer alleged that it engaged in the interactive process and reasonably accommodated bookkeeper with her disability leave, extended leave, and a reduced work schedule. However, because employer faced a business slowdown, and had concerns regarding her job performance, the company laid off bookkeeper while she was still on disability leave. Resolved following mediation.

Cross-complaint by education director alleging that his former employer, a system of private preschools, discriminated against and harassed him on the basis of his perceived disability and other protected characteristics, retaliated against him when he complained, constructively terminated him in violation of public policy, intentionally and negligently inflicted emotional distress upon him, negligently hired, retained, and supervised managers, engaged in unfair competition, breached the implied contract of employment, and breached the covenant of good faith and fair dealing. In the employer’s underlying complaint, which was dismissed by summary judgment, the employer claimed the education director misappropriated trade secrets, breached the duty of loyalty and confidentiality, interfered with the employer’s contractual relations and prospective economic advantage, and engaged in unfair competition. Resolved following mediation.

Action by medical assistant alleging that her employer, a medical clinic, discriminated against her on the basis of her serious medical condition, failed to engage in the interactive process, did not reasonably accommodate her, and retaliated against her in violation of the FEHA, wrongfully terminated her by her constructive termination, and intentionally and negligently inflicted emotional distress upon her. The employer denied these claims, alleging instead that its third-party human resources provider accommodated the assistant by putting her on indefinite leave until she could return to work without restrictions. Resolved by mediator’s proposal.

Action by a pro per home-care provider alleging that her former employer, a 60-year-old female recipient of In-Home Supportive Services (IHSS), breached an implied contract that the provider would work for the recipient until her death or until she no longer qualified for IHSS, that the recipient committed fraud in enticing the provider to work for her, and that the recipient wrongfully terminated the provider in violation of public policy. The recipient denied these allegations, claiming instead that she terminated the provider because the relationship lacked trust. Resolved by mediator’s proposal.

Appeal by workers’ pension trust funds alleging that a home builder, which paid a contractor for construction work, failed to also pay for workers’ fringe benefits. Under the terms of a collective bargaining agreement, the contractor is responsible to pay for workers’ fringe benefits pursuant to Labor Code sections 218.7 and 218.8. Originally a co-defendant in the case, the contractor was dismissed under a stipulated judgment to proceed separately in federal court, thus leaving only the builder as the sole defendant. The builder claimed that it is an owner and not a contractor controlled by sections 218.7 and 218.8, that it had fully compensated the contractor whose responsibility it was to pay the workers’ fringe benefits, and that the Labor Code sections are in conflict with and are preempted by ERISA. The trial court agreed with the builder and granted its motion for judgment on the pleadings. The trust funds appealed. Resolved by mediator’s proposal.

Action by technician alleging that his former employer, a medical waste disposal business, discriminated and retaliated against him under the FEHA, failed to reasonably accommodate him, did not engage in the interactive process, wrongfully terminated him, violated wage-and-hour laws, engaged in unfair business practices, and retaliated against him under Labor Code section 1102.5. The technician further claimed that when his workers’ compensation leave was about to end, his employer violated Cal. Code Regs., title 2, § 11087(g)(3)(B) by failing to designate a portion of that leave in which he had met the 12-month requirement as CFRA leave that would have guaranteed him return rights to the same or similar job. The employer alleged that the technician failed to perform and that termination was justified when he returned from leave. Resolved by mediator’s proposal.

Action by an executive alleging that his former employer, a golf course, discriminated against and harassed him on the basis of his mental disability, that it failed to engage in the interactive process and reasonably accommodate him, that it retaliated against him for complaining, wrongfully terminated him, defamed him, and did not reimburse him for his business expenses. The employer claimed that it hired the executive with the knowledge that he had a mental disability, that his subordinate witnessed and reported the executive’s intoxication at the workplace, that the employer granted the very accommodation sought by the executive, that he was given leave for nearly half of his 10-month tenure, and that the executive was reimbursed for any business expenses. The employer further alleged that, under the circumstances, it was forced to terminate the executive because of undue hardship. Resolved by mediator’s proposal.

Appeal by employer, a semiconductors and electronic products company, challenging the trial court’s denial of its motion to compel arbitration in favor of its former employee, a high-level executive. The executive alleged that the employer engaged in national origin, sex, and color discrimination in violation of the FEHA. He also alleged that after he complained about such conduct and tried to take corrective action, the company retaliated against him in violation of the FEHA and the Labor Code. The executive further alleged that the company wrongfully terminated him in violation of public policy. The employer denied its actions were based on any discriminatory animus, claiming instead that the manager’s performance was unsatisfactory. Appeal resolved following mediation.

Action by 36-year industrial hygienist alleging that his former employer, a governmental entity, discriminated and harassed him on the basis of age and disability, failed to engage in the interactive process or reasonably accommodate him, retaliated against him for complaining, failed to prevent discrimination, wrongfully terminated him, and interfered with his CFRA leave. The government denied these allegations, claiming instead that denial of a discretionary four-day workweek was based on staffing needs, not because of the hygienist’s age or disability, that some of his claims were time-barred, and that the hygienist had elected to retire earlier with a pension and full medical benefits. Resolved by mediator’s proposal.

Action by 30-year senior manager alleging that her former employer, a delivery service, discriminated against her because of her race, sex, and disability in violation of the FEHA, retaliated against her for complaining under the FEHA and Labor Code section 1102.5, intentionally inflicted emotional distress upon her, and wrongfully terminated her in violation of public policy. The employer denied these claims, alleging instead that the manager failed as a leader in the stations and staff she managed, and that the company’s investigations found the numerous complaints about her to have merit. Resolved by mediator’s proposal.

Action by a 20-year processor alleging that his former employer, a food and beverage processor, discriminated against and harassed him on the basis of age and disability in violation of the FEHA, retaliated against him when he took disability leave in violation of the FEHA, retaliated against his health and safety complaints in violation of the Labor Code, failed to reasonably accommodate him or engage in the interactive process, defamed him, committed false light invasion of privacy, and interfered with his CFRA leave rights. The employer denied these claims, alleging instead that it had repeatedly accommodated the processor’s disability leaves and returned him to the same job, that the processor had failed to monitor a pasteurization process, that he had lied about his timekeeping, that he was warned numerous times about his job performance, and that he was terminated for cause. Resolved by mediator’s proposal.

Action by 73-year-old truck driver, who had suffered temporarily from a TIA stroke, alleging that his former employer, a mattress company, discriminated against and harassed him because of his disability and age, failed to prevent discrimination, did not engage in the interactive process or provide reasonable accommodation, failed to offer him CFRA leave, and constructively terminated him. Employer claimed that no interactive process was warranted, because no reasonable accommodation would have been possible when Department of Transportation regulations and a medical doctor barred him from driving a truck for one year after his stroke, and he did not qualify for any other vacancies. It further alleged that plaintiff had voluntarily resigned before CFRA leave could have been offered. Resolved following mediation.

Action by a 59-year-old restaurant director alleging that his former employer, a golf course, misclassified him, discriminated against him on the basis of his age, and wrongfully terminated him in violation of public policy. The employer, new owners of the golf course, claimed that due to a statutory increase in the minimum wage, the director’s base salary had inadvertently slipped from exempt to non-exempt status for six months out of his 17-year tenure. The employer remedied the situation with catch-up pay permitted under the FLSA. However, when the employer received complaints that the director had made comments that other employees perceived as offensive on the basis of race and sex, and that he had served alcohol to a minor staff member, the employer investigated the allegations and terminated the director for cause. The director claimed he was terminated because of age discrimination. Resolved by mediator’s proposal.

Action by plant manager alleging that his former employer, an out-of-state converting service, violated Labor Code section 1102.5 and Business and Professions Code section 17200. During the COVID-19 pandemic, employees at the plant refused to follow California’s N95 mask mandate. When the plant manager nonetheless enforced the mask mandate, the employees complained to management and threatened a work stoppage. The employer terminated the plant manager for enforcing the mask mandate and the state’s 10-minute rest break law. Employer defended that termination was at will. Resolved following mediation.

Pre-litigation action by South Asian non-tenured professor alleging that his employer, a private religious university, discriminated against him on the basis of his race by declining to promote him to the tenure track, created a hostile work environment, retaliated against him for complaining, constructively terminated him, intentionally inflicted emotional distress upon him, and breached his employment contract and the duty of good faith and fair dealing. The university denied his claims, asserting instead that it was entitled to the freedom of religion and that it was exempt as a religious institution under the FEHA. Resolved by mediator’s proposal.

PAGA action by a care manager alleging that her former employer, a children’s services and foster care non-profit organization, engaged in wage-and-hour violations, including failure to pay for overtime, minimum wages, meal periods, meal period premiums, final wages and timely wages, issue compliant wage statements and accurate payroll records, and reimburse for business expenses. At the mediation, the care manager also alleged additional CFRA and FEHA claims for the individual plaintiff outside of the PAGA action. The employer denied all these allegations. Resolved globally by mediator’s proposal.

Action by an African-American forklift operator and picker alleging that his former employers, a staffing agency and a tool manufacturer where he was assigned to work, violated the FEHA. He claimed the manufacturer discriminated against and harassed him on the basis of race when he overheard the N-word in a private conversation between two supervisors, and on the basis of sex when a supervisor grabbed him by his buttocks, retaliated against him after he complained, failed to prevent and correct such conduct, and wrongfully terminated him in violation of public policy. The manufacturer could find no corroboration of these claims in its investigation, alleging instead that it had independently ended the operator’s assignment because his documented performance consistently fell below productivity standards for the four months he worked there. The EEOC investigated the operator’s case and issued a written finding of no merit. Resolved following mediation.

Pre-litigation action by a school administrator who had a two-year affair with her principal. When the administrator learned that the principal also had affairs with other school personnel, she complained to the school district that the principal had sexually harassed and assaulted her. The district hired an outside consultant to investigate the matter and found the relationship to be consensual and not actionable. Further, the investigation discovered through forensic evidence that the administrator had allegedly falsified student academic records, including that of her own child and another pupil. The administrator denied the allegations, claiming that the investigation was in retaliation for her having complained. Resolved by mediator’s proposal.

Action by a 25-year driver alleging that his former employer, a package delivery company, discriminated and retaliated against him for his physical disability, failed to engage in the interactive process and reasonably accommodate him, wrongfully terminated him at the close of his protected disability leave, negligently hired his supervisors, failed to prevent discrimination, and intentionally inflicted emotional distress upon him. The company alleged that it terminated the driver for using a racial epithet against a coworker under the employer’s zero-tolerance policy. The driver claimed the employer’s reason for his termination was a pretext for discriminating against him. Resolved by mediator’s proposal.

Action by a manager alleging that his former employer, a set of exercise studios, failed to take all reasonable steps to correct workplace policies and retaliated against him after he complained about same-sex sexual harassment by a co-worker in a non-work setting. After the manager complained, the studio head ordered an investigation and attempted to minimize contact between manager and co-worker. Before the investigation could be completed, manager resigned. The business alleged that the alleged harassment between the parties took place ioutside of work, that the business responded immediately with an investigation upon receiving the complaint, that co-worker had also complained of sexual harassment by manager, and that the business had not taken any adverse action against manager. Resolved by mediator’s proposal.

Pre-litigation action by a substitute teacher alleging that her former employer, a charter school, discriminated and retaliated against her in violation of the FEHA and Labor Code section 1102.5. She alleged that the charter school wrongfully terminated her for being a whistleblower when she objected to behavioral intervention for an African-American preschooler without an individualized education plan as required by the IDEA. The charter school alleged that the substitute teacher repeatedly failed to follow lesson plans for teachers whose classes she covered, that these teachers complained about her, and that she was tardy in carrying out her duties. Resolved by mediator’s proposal.

Two actions involving the same parties. In the first state court action, fashion designer alleged that her former employer, a garment manufacturer, created a hostile work environment in which a supervisor sexually harassed and retaliated against her in violation of the FEHA, wrongfully terminated her, and engaged in unfair business practices. Manufacturer denied these allegations, claiming instead that designer was among several employees laid off because of a business downturn. In the second federal court action, manufacturer alleged that after designer was laid off, she infringed copyrightable photos from the company’s servers without permission. Designer claimed that she created the photographed images, which had not been copyrighted at the time. Resolved globally by mediator’s proposal.

Pre-litigation action by a packer alleging that her former employer, a meat packing company, violated the FEHA by discriminating against her on the basis of gender when only male employees were recognized on their first-year work anniversaries, failed to engage with her in the interactive process and reasonably accommodate her request to visit her mother in the hospital, constructively terminated her in violation of public policy, and violated various wage-and-hour laws. The company denied these claims, alleging instead that the packer did not request for any recognition or reasonable accommodation, was fully compensated for overtime, was given first meal breaks, signed waivers for second meal breaks, and voluntarily resigned. Resolved by mediator’s proposal.

Pre-litigation action by a teacher alleging that her former employer, a charter school, retaliated against her for complaining about a kindergarten student’s physical battery of the teacher and other students, which she alleged created an unsafe education and work environment. She alleged that following her repeated complaints, the school failed to assist her and eventually retaliated against and terminated her in violation of Labor Code sections 232.5, 1102.5, and 6310. The school alleged that the teacher had the assistance of another teacher and a teacher’s aide in her classroom, that the teacher was unable to cooperate with her colleagues, and that the student in question was eventually provided with an Individual Education Plan (IEP) for his learning disability. Resolved by mediator’s proposal.

Pre-litigation action by an executive assistant alleging that her former employer, a film production company and its owner, created a hostile work environment in which she encountered sexual harassment from the owner and third parties, failed to prevent such harassment, wrongfully terminated her in violation of public policy, and intentionally inflicted emotional distress upon her. The employer denied these claims, alleging instead that this sole employee was frequently absent or tardy, failed to perform her job while owner was working out of the country, changed passwords to prevent the employer’s access to electronic files, and used malware to remove proprietary information from the company’s computer system. Resolved by mediator’s proposal.

Three individual actions by a septuagenarian and two sexagenarian sales professionals in the auto industry alleging that their former employer, the new owner of an auto dealership, discriminated against them on the basis of their age, retaliated against them for complaining, failed to prevent discrimination from occurring, wrongfully demoted, terminated or constructively terminated them in violation of public policy and an implied employment agreement. The dealership alleged that it terminated the employees for legitimate business reasons, because they refused or failed to implement the company’s business plan during the COVID-19 pandemic’s downturn and supply chain challenges. Resolved globally on continued mediation by mediator’s proposal.

Action by business development director alleging that her former employer, a cyber security company, discriminated against and harassed her on the basis of her high-risk pregnancy, retaliated against her for taking pregnancy leave followed by CFRA leave, did not engage in the interactive process or reasonably accommodate her disability, and wrongfully terminated her on the day after she returned from CFRA leave. The company alleged that it terminated the employee for her poor performance and toxic personality. Resolved following mediation.

Action by musician alleging that his employer, an orchestra, failed to engage in the interactive process and reasonably accommodate him, because his disability prevented him from abiding with the orchestra’s mandatory COVID-19 vaccine mandate. Orchestra alleged that the musician failed to submit doctor’s notes sufficient to meet exemptions under its mandate. Resolved post-mediation by mediator's proposal.

Action by an eight-year non-exempt shift manager alleging that her former employer, a fast-food franchisee that had taken over an existing franchise, violated the FEHA by failing to accommodate her disability, failing to engage in the interactive process, violated the CFRA by failing to provide her with leave for her own serious health condition, interfered with such leave, and retaliated against her for taking leave, contravened wage and hour laws, wrongfully terminated her, and engaged in unlawful business practices. Employer alleged that shift manager was not eligible for CFRA/FMLA leave, because she had not accumulated 1250 work hours under the new entity. Even though the business was identical to the former franchise, all employees were retained without having to reapply for their jobs, performed the same duties, and received the same pay, employer claimed shift manager was not entitled to carry over her accumulated 1250 hours from the old to the new regime. Resolved by mediator’s proposal.

Action by a construction worker alleging that his former employer, a general contractor, violated the FEHA’s disability discrimination and harassment provisions, retaliated against him, failed to engage in the interactive process, failed to reasonably accommodate him, failed to provide him with CFRA leave, retaliated against him for requesting CFRA leave, retaliated against him for being a whistleblower, negligently hired, supervised and retained his supervisor, and wrongfully terminated him in violation of public policy. He also alleged the employer violated wage-and-hour laws including meal and rest breaks, minimum wage, final wages, wage statements, waiting time, and business reimbursements. The general contractor alleged that it was not an employer under the FEHA because it had fewer than five employees, that the worker had never complained about having a disability, and that any wage-and-hour violations were technical. Resolved by mediator’s proposal.

Action by administrative assistant alleging that her former employer, a cemetery district, and its manager created a hostile work environment in which she was sexually harassed, discriminated against because of her gender, and retaliated against for reporting the unwelcome sexual advance, that she was constructively terminated in violation of public policy, that the employer negligently and intentionally inflicted emotional distress upon her, and breached the covenant of good faith and fair dealing. The employer denied these claims, alleging instead that the administrative assistant was under investigation for wage theft. Resolved by mediator’s proposal.

Pre-litigation action by teacher alleging that his former employer, a school, had failed to take adequate steps to prevent harassment and discrimination from occurring, and that he had experienced harassment and discrimination on the basis of his race and gender from both students and staff members. Teacher resigned and rejected the severance pay offered by the school. After investigating his complaints, the school found teacher’s allegations to be without merit and not actionable. Resolved by mediator’s proposal.

Pre-litigation action by staff member alleging that her employer, a seminary, and its leadership violated the FEHA by sexually harassing, discriminating, and retaliating against her, failed to prevent these violations, battered, assaulted, and committed gender violence against her, and violated the Ralph Civil Rights Act. The seminary and its leadership denied the allegations, claiming that the seminary is a religious nonprofit organization exempt under the FEHA, that any intimate relationship between the parties was consensual, and that the employee had manipulated the leader out of a substantial sum. Resolved on post-mediation follow-up.

Pre-litigation action by COO alleging that her former employer, a start-up clinical research company, discriminated and harassed her on the basis of race and gender, retaliated against her for having taken pregnancy and disability leave, and for being a whistleblower, and wrongfully terminated her in violation of public policy. The company alleged that it had fully accommodated COO on her pregnancy and disability leave, and that business necessity forced the enterprise to restructure the business and layoff many employees, including COO. Resolved by mediator’s proposal.

Pre-litigation action by school administrator alleging that her employer, a school district, engaged in sex, race, age, and disability discrimination and harassment, retaliated against her for taking CFRA leave for her own serious health condition, and forced her to quit. Administrator alleged that the principals at two different schools where she was assigned were disrespectful to her, which she perceived to be discriminatory. School district alleged that it accommodated administrator’s transfer request, that she failed to submit doctor’s notes to support the entirety of her CFRA leave, that she did not engage in a good faith interactive process in anticipation of returning to work, and that she abandoned her job. Resolved by mediator’s proposal.

Action by warehouse operations lead alleging that his former employer, a logistics company, engaged in race, disability, and family leave discrimination, failed to engage in the interactive process and reasonably accommodate his disability, retaliated against him for taking CFRA leave, and wrongfully terminated him. The employer alleged that employee failed to submit his leave papers, did not respond to the employer’s queries, and abandoned his job. Resolved on post-mediation follow-up.

Action by 59-year-old warehouse supervisor with a 32-year tenure alleging that his former employer, a logistics company violated the FEHA by discriminating and harassing him on the basis of his age, and failed to prevent discrimination and harassment from occurring. Employer denied any age bias, alleging instead that it terminated the supervisor for his failure to perform. Resolved by mediator’s proposal.

Arbitration action by 23-year assistant manager alleging that her former employer, a nonprofit corporation, retaliated against her in violation of Labor Code section 1102.5, wrongfully terminated her in violation of public policy, and intentionally inflicted emotional distress upon her. Assistant manager and other employees had become the unwitting victims of a Ponzi scheme orchestrated by a board member of the non-profit’s foundation and by a high-level executive, losing her life savings. The matter was investigated by the FBI and IRS. When assistant manager and other employees filed a civil action against the nonprofit for its role in the fraud, employer terminated assistant manager. Employer alleged that it was not responsible for the Ponzi scheme, and that assistant manager was terminated for poor performance. Resolved by mediator’s proposal following second mediation.

Action by wastewater operator alleging that her former employer, a water district, engaged in sex, disability, pregnancy, and family leave discrimination, failed to engage in the interactive process and reasonably accommodate her disability, created a hostile work environment that enabled sexual harassment, retaliated against her after she complained, was negligent in hiring and supervising its staff, and wrongfully terminated her. The employer alleged that the operator was let go as an at-will employee during her probationary period. Resolved by mediator’s proposal.

Action by former driver, alleging that his former employer, a package delivery company, discriminated and retaliated against him for taking family leave during the COVID-19 epidemic to protect his child’s serious congenital heart condition, failed to engage in the interactive process, did not reasonably accommodate him, did not take action to prevent discrimination, violated wage-and-hour laws, and wrongfully terminated him. Employer alleged that it had fully complied with wage-and-hour laws, that it had repeatedly accommodated driver, and that it had granted him family leave, but that driver had failed to submit a doctor’s note to extend his leave or to return to work when his leave period expired. Resolved by mediator’s proposal.

Action by delivery driver alleging that her former employer, a logistics company, and her former supervisor violated the FEHA by engaging in sex discrimination, quid pro quo and hostile work environment sexual harassment, sexual assault and battery, disability discrimination, failed to engage in the interactive process and reasonably accommodate her back disability, intentionally and negligently inflicted emotional distress upon her, negligently hired and supervised her supervisor, violated the Bane Act, retaliated against her under Labor Code section 1102.5, and wrongfully terminated her in violation of public policy. Employer denied these claims, and asserted that driver had agreed to arbitration. Employer further alleged that driver was terminated because she was unable to safely perform the essential functions of her job on account of her narcolepsy. Moreover, employer and supervisor claimed poverty. Resolved by mediator’s proposal on this and a companion PAGA class action.

Pre-litigation action by a staff member alleging that her former employer, a non-profit organization providing adult developmental services, discriminated against and harassed her on the basis of her disability, retaliated against her for complaining, failed to prevent discrimination, breached her employment contract, wrongfully terminated her in violation of public policy, and intentionally inflicted emotional distress upon her. Staff member had notified HR and taken off four days for a sinus infection, consulted a doctor, and returned to work afterwards. Staff member and her supervisor had exchanged texts about her expected return date. Employer alleged that it terminated staff member for no call/no show absence. Resolved following mediation.

Action by journeyman alleging that his former employer, a logistics company, had engaged in the fraud of intentional misrepresentation and false promises, and in wrongful adverse employment action against him during the COVID-19 pandemic. He alleged that COVID-screening procedures caused him to log in late. When the company investigated and found more irregularities, it advised journeyman to resign with the promise of no bar on future rehire. When journeyman later applied for an opening, he was ineligible for rehire. Employer alleged that journeyman had voluntarily resigned after an investigation showed that he was dishonest and had falsified his timecards during the pandemic. Resolved by mediator’s proposal.

Pre-litigation action by African-American cook alleging that his former employer, a hospitality group, failed to prevent harassment from occurring when co-workers repeatedly used the “N” word and other racial epithets in his presence. When he complained to a supervisor, allegedly no corrective action took place. Instead, cook alleged that employer retaliated against him with a performance improvement plan. Cook further alleged that employer violated wage and hour laws. Cook ultimately felt forced to quit. Employer denied these allegations, except for one incident when the “N” word was used by a co-worker at a company-sponsored off-site event, after which the co-worker was disciplined. Resolved by mediator’s proposal following mediation.

Action by recruiter alleging that his former employer, a hospital group, discriminated against him on the basis of disability, failed to engage in the interactive process and reasonably accommodate him on his cardiac condition, retaliated against him, and wrongfully terminated him. Employer alleged that it engaged in the interactive process and reasonably accommodated recruiter with two leave requests. Employer allegedly terminated recruiter for failing to maintain the confidentiality of job searches, which caused embarrassment and confusion. The parties initially stipulated to arbitration. When employer was untimely in paying arbitration fees within 30 days in contravention of Code Civ. Proc. § 1281.97, the matter was remanded to Superior Court. Employer then appealed the ruling to the Court of Appeal. Resolved globally by mediator’s proposal.

Action by warehouse worker alleging that his former employer, a health care solutions company, discriminated against him on the basis of disability and age, failed to engage in the interactive process and to reasonably accommodate him, retaliated against him, failed to prevent discrimination under the FEHA, negligently inflicted emotional distress upon him, and wrongfully terminated him. Employer alleged that it had engaged in the interactive process and reasonably accommodated worker with over two years of indefinite leave, and that he was unable to perform the essential function of his job of lifting 50 pounds with or without an accommodation. Resolved by mediator’s proposal.

Action by 20-year, part-time courier alleging that his former employer, a delivery company, discriminated against him on the bases of race, national origin, disability and age; failed to engage in the interactive process; failed to reasonably accommodate him; retaliated against him; wrongfully terminated him in violation of the FEHA; and engaged in unfair business practices. The company alleged that it terminated courier for falsifying his time card for time not worked. Resolved by mediator’s proposal.

Action by company alleging that its founder, chairperson of its board of directors, and former CEO breached her employment contract, violated trade secrets, breached her duty of loyalty, and breached payment of her promissory note. Founder counterclaimed alleging that company discriminated against her on the basis of gender, failed to prevent sex discrimination, retaliated against her after she complained, wrongfully terminated her in violation of public policy, violated her right of publicity, and misappropriated her name and likeness. Resolved following mediation.

Pre-litigation action by bartender alleging that her former employer, an airport bar, failed to prevent a hostile work environment created by co-workers and supervisors, refused to transfer her to another establishment, retaliated against her for complaining, failed to accommodate her anxiety and lactation needs, committed wage and hour violations, violated Cal-OSHA guidelines, intentionally inflicted emotional distress upon her, and constructively terminated her. Employer denied the allegations, claiming that bartender failed to report these allegations until after she voluntarily resigned, and that its follow-up investigation found bartender’s allegations to be without merit. Resolved by mediator’s proposal.

Action in the pre-pandemic era by an 18-year marketing and communications executive alleging that her former employer, a private hospital group, breached her implied contract and implied covenant of good faith and fair dealing, discriminated against her for her physical disability, failed to engage in the interactive process, and failed to reasonably accommodate her driving restrictions. Determining that executive could not perform the essential function of her job with or without an accommodation, hospital group terminated her. Hospital group also alleged that executive took family trips for recreational activities that exceeded her work and driving restrictions. Resolved following mediation.

Action by assembler alleging that his former employer, a sheet metal fabrication and component manufacturer, discriminated against him on the basis of disability, failed to engage in the interactive process, failed to reasonably accommodate him, retaliated against him, and wrongfully terminated him in violation of the FEHA. The manufacturer alleged that it engaged in the interactive process and reasonably accommodated assembler when he was injured, reassigned him temporarily to light duty, and accommodated his request for leave. However, when manufacturer lost a major client, it was forced to lay off some employees, including assembler, who had been released to return to work. Resolved following mediation.

Action by 29-year supervisor alleging that her former employer, a shipping and package delivery business, discriminated against her on the basis of disability, age and sex, failed to engage in the interactive process and to reasonably accommodate her, created a hostile work environment, failed to prevent discrimination and harassment, interfered with her CFRA leave rights, retaliated against her for taking protected leave, and wrongfully terminated her. Employer alleged that supervisor had falsified scanning records, that she had falsely given work credit to a relative who also worked for employer, and had retired voluntarily. Resolved by mediator’s proposal.

Pre-litigation action by salesperson alleging that her former employer, a medical technologies provider, discriminated against her for her life-long speech and language disability, failed to engage in the interactive process and reasonably accommodate her, failed to prevent discrimination and harassment, retaliated against her for complaining, wrongfully terminated her, failed to pay for her earned commission, and committed various PAGA violations. Employer denied these allegations, claiming instead that salesperson was let go for under performance. Resolved by mediator’s proposal.

Action by three long-time workers alleging that their former employer, a uniform and apparel company, discriminated, harassed, and retaliated against them on the bases of disability, national origin, sex, association with others with disability, and for having taken family and parental leave, that employer failed to engage in the interactive process and reasonably accommodate them, and that it wrongfully terminated them. Employer alleged the economic downturn during the COVID-19 pandemic forced the company to implement reductions in force that impacted many employees, including these workers. Resolved by mediator’s proposal.

Action by former account executive alleging that his former employer, an online debit collection business, engaged in fraud, promissory estoppel, breach of contract, intentional and negligent infliction of emotional distress, and unlawful business practices. When executive was laid off and accepted a severance agreement, employer agreed to pay for executive’s COBRA premiums for six months or until he received coverage with a new job. However, employer did not pay for the premiums, and executive paid for the premiums out of his own pocket. Employer alleged that a clerical error caused unintended delay on paying the premiums, that employer reimbursed executive when he filed suit, and that executive failed to inform employer when he received coverage after he was hired for a new job. Resolved by mediator’s proposal.

Pre-arbitration action by executive director alleging that her former employer, a for-profit vocational university, engaged in age and gender discrimination, terminated her for being a whistleblower in violation of Labor Code section 1102.5, breached the covenant of good faith and fair dealing, and defamed her reputation. Employer denied these claims, alleging that it terminated director for violating the university’s policy. Resolved by mediator’s proposal.

PHYLLIS W. CHENG, ESQ .

MEDIATIONS