Magnanimo & Dean’s hard work results in published Court of Appeal decision. Justice ultimately prevails!

Glynn v. Super. Ct. (CA2/4 B296735 11/13/19) FEHA Disability Discrimination/Mistaken Application of Company Policy
A temporary corporate benefits staffer mistakenly thinks an employee has transitioned from short term disability (STD) to long term disability (LTD) and is unable to work with or without an accommodation. She fires him. The terminated employee tries to correct the misunderstandings, but for months the corporation ignores his entreaties. Does this constitute direct evidence of disability discrimination under the Fair Employment and Housing Act (FEHA) (Government Code § 12900 et seq.)? For the reasons described below, we decide it does, and therefore reverse the portion of the trial court’s order granting the corporation’s motion for summary adjudication of the employee’s disability discrimination cause of action. We also reverse the portions of the order granting summary adjudication of the employee’s retaliation, failure to prevent discrimination, and wrongful termination causes of action. We publish to clarify that even a legitimate company policy, if mistakenly applied, may engender FEHA disability discrimination liability.
https://www.courts.ca.gov/opinions/documents/B296735.PDF

Magnanimo & Dean, LLP, attorneys Frank A. Magnanimo and Audrey L. Priolo prevailed in a hotly contested arbitration in which their client was discriminated against because of the client’s mental disability. After establishing that the multi-billion dollar company failed to accommodate the client’s mental disability and then terminated the client because of that mental disability, the Arbitrator awarded damages, attorneys’ fees and costs in excess of $1,000,000.