Trial Court Properly Dismissed Employee’s CFRA And Disability Discrimination Claims
Choochagi v. Barracuda Networks, Inc., 60 Cal. App. 5th 444 (2021)
George Choochagi worked as a technical support manager for Barracuda Networks where he reported to Hossein Ghazizadeh. Choochagi complained to HR that Ghazizadeh had made inappropriate sexual comments to him about having sex with women at the office and about Choochagi’s not being “man enough” for his position. Approximately 18 months after Choochagi transferred to another supervisor, he began experiencing severe migraine headaches and eye irritation, which required him to seek medical treatment. When Choochagi requested additional leave time, Barracuda allegedly moved to terminate his employment or force him to quit. Choochagi sued for interference and retaliation under the California Family Rights Act (CFRA), disability discrimination, wrongful termination, retaliation, gender discrimination and related claims. The trial court granted summary adjudication in favor of Barracuda on the CFRA and the gender discrimination claims, and the remaining two claims (disability discrimination and wrongful termination) went to trial where the jury returned a verdict against Choochagi and in favor of Barracuda.
The Court of Appeal affirmed, holding that the trial court had properly dismissed the CFRA claim because Choochagi did not submit evidence that he requested additional time off due to his medical condition or was denied such leave or that he was the victim of illegal retaliation under the statute. The Court also affirmed dismissal of the FEHA retaliation claim on the ground that there was no evidence that the decision makers regarding the termination were aware of Choochagi’s HR complaint concerning Ghazizadeh or that, under the “cat’s paw” theory, the decision makers were “mere instrumentalities” of Ghazizadeh.
LAUSD Teacher Can Proceed With Claim For Disability Allegedly Caused By School’s Wi-Fi System
Brown v. Los Angeles Unified School Dist., 2021 WL 631030 (Cal. Ct. App. 2021)
Laurie Brown, a teacher at Millikan Middle School, alleged she experienced chronic pain, which was allegedly caused by a new Wi-Fi system the school had installed. Brown’s medical provider diagnosed her with “electromagnetic hypersensitivity sensitivity” (EHS). Brown eventually quit, claiming she could not return to work “without being overcome with crippling pain.” Among other things, Brown alleged discrimination based upon a physical disability, failure to accommodate her disability, and retaliation. The trial court sustained the District’s demurrer to Brown’s complaint, but the Court of Appeal reversed, holding that Brown had sufficiently alleged a disability under the Fair Employment and Housing Act (FEHA), even though at least two other…
Read More: California Employment Litigation: March 2021