Takeaway: Where a disabled employee's eventual layoff may have been based in part on discriminatory animus by the employee's supervisor, the employee could proceed with her disability bias claim, even though she was originally designated for layoff before she became disabled.
An IT engineer could go forward with her disability bias claim even though she had been tentatively designated for layoff before she became disabled, a California appeals court recently ruled. The employer, a California hospital system, did not finalize its layoff plans until after the employee had become disabled, and there was evidence that the employer's ultimate decision to terminate the employee was motivated, at least in substantial part, by concerns the employer had about the employee's disability, the court said.
The employee was hired in June 1999, and from 1999 to 2018, her managers evaluated her performance positively. In December 2018, the employer began planning to lay off employees for economic reasons. The director of the division where the employee worked made the decision to eliminate the employee's position.
On Jan. 7, 2019, the employee fell in the workplace and suffered an injury to her left shoulder. She was placed on modified duty with restrictions limiting the use of her left arm and requiring her to attend medical and physical therapy visits. On Jan. 29, her supervisor discussed her performance with HR and identified an issue with the quality of her work, noting that she was...
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