CALIFORNIA law prohibits discrimination based on disability or medical condition. An employer may not terminate or discriminate against an employee in compensation or other conditions of employment based on the employee’s disability or medical condition.
Arkady Kivman worked at Aeros Aeronautical Systems Corp. as a production technician. In 2007, he was injured and had surgery. He took a medical leave of absence and returned to work in 2008 with restrictions. In 2010 he had blood poisoning and an arthritis flare-up. He took a two week medical leave and returned to work with restrictions. In 2011 he injured his shoulder but did not tell anyone. While so injured, the boss asked him to clean out a storage trailer. Kivman then told his boss that he had hurt himself and needed to see a doctor. The boss became angry and fired him.
The employer said they were not informed of the injuries in 2007 and 2010. On his last day, when asked to clean the trailer, the employee refused but did not mention his injuries. As a result, he was fired for insubordination.
The employer also argued that the employee was performing poorly and had received many warnings. They further argued that they kept him around only as a charity because without the job he wouldn’t have money to support himself. When he refused to clean the trailer, they eliminated his position and fired him.
The employee stated that he had told his employer about the injuries in 2007 and 2010 but employer ignored his requests for accommodation. He had received numerous bonuses, letters and raises. There were only two reprimands in his file, and they had nothing to do with his work performance.
After a five-day jury trial, the jury awarded the employee $152,511 for medical expenses and loss of earnings and an additional $330,000 for non-economic damages for a total of $482,511.
While this case may not be final, it illustrates the protection given to disabled employees. They have remedies if they were singled out as a result of their medical condition or disability.
An employee who has a disability should notify the employer of his or her condition in order to obtain accommodation. After knowing of the employee’s disability, the employer must engage in a timely, good faith interactive process to determine if reasonable accommodation can be made for the employee.
The employer’s refusal to engage in interactive process, as evident by its immediate termination of the employee, is unlawful. In this instance, the employer becomes liable for damages to the employee.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant results, including several million dollar recoveries for consumers against insurance companies and big business. He is a member of the Million Dollar-Advocates Forum—a prestigious group of trial lawyers whose membership is limited to those who have demonstrated exceptional skill, experience and excellence in advocacy. He has been featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements for his professional accomplishments and recipient of numerous awards from community and media organizations. His litigation practice concentrates in the following areas: serious personal injuries, wrongful death, insurance claims, unfair business practices, wage and hour (overtime) litigation. You can visit his website at www.joesayas law.com or contact his office by telephone at (818) 291-0088.