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Case Example – Disability Discrimination

Emanuel Shirazi

Crystal is an African-American woman who had dedicated almost a decade of hard work to her Employer. She was a stellar worker and held a position in upper management. Crystal has Multiple Sclerosis (MS), a disabling disease attacking the central nervous system.

Crystal ends up taking an FMLA/CFRA medical leave and additional medical leave (reasonable accommodations) due to her first debilitating MS flare up since working for her employer. Once Crystal’s medical condition was improving, her doctor cleared her to return to work with minor temporary work restrictions.

To Crystal’s surprise, just 3 days before she was to return to work, she was summarily terminated without notice because the company would not “accommodate” her work restrictions. Summarily telling an employee they are fired is not a good faith interactive process. Further, the employer did not even bother to look for another temporary position for Crystal. This is also in violation of California’s Fair Employment and Housing Act (FEHA).

Crystal was also subjected to differential treatment because of her race. She was falsely accused of hiring someone for racial reasons, solely because both were African-American.

If you believe you have been wrongfully terminated, retaliated, or discriminated against based on a protected category such as physical or mental disability or medical condition, give us a call at (310) 400-5891 for your free intake.

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