16 Mar Rediger Labor Law Wins Summary Judgment in Employment Discrimination Case
Attorney Justin R. Rediger prevailed on a motion for summary judgment in a case alleging disability discrimination, racial harassment, and whistleblower retaliation. Judge George J. Abdallah, Jr. of the San Joaquin County Superior Court agreed that there was no triable issue of fact as to any of the Plaintiff’s claims, and entered judgment in favor of the defendant, American Scissor Lift, Inc., without the need for a trial.
American Scissor Lift had selected the Plaintiff for layoff and terminated his employment as a painter at its Stockton, CA location. The Plaintiff claimed that ASL terminated him because of his “generalized anxiety disorder and depression,” failed to accommodate his disabilities, failed to engage in the interactive process, retaliated against him for requesting accommodation and for whistleblowing, subjected him to racial harassment, failed to prevent discrimination, harassment, and retaliation, and wrongfully terminated him in violation of public policy.
ASL denied each of the Plaintiff’s allegations and argued that he was selected for layoff because he was the least productive employee in his department and he had displayed a poor attitude at work. In its Motion for Summary Judgment, ASL showed that it had provided the Plaintiff with the accommodations he had requested. Aside from his own declaration, the Plaintiff produced no evidence that he was subjected to racial harassment. As to his whistleblower claim, the Plaintiff’s alleged passing comments to his supervisor such as, “I wish we could take a break,” did not amount to a protected disclosure of information under California law. ASL also showed that following his termination, Plaintiff had sent a text message to his former supervisor apologizing for having “attitude” at work, stating that he loved working for ASL, and asking for his job back.
ASL’s Motion for Summary Judgment was granted and the parties agreed to an award of costs to ASL to finalize the case.