Summary Judgment Granted for Client in Disability Discrimination Case

and Jennifer Kaplan obtained summary judgment in a disability discrimination lawsuit filed in federal court.  In the case, Fenn v. Penske, Plaintiff claimed that he had a hernia, which constituted a disability under California law; that his employer failed to interact with Plaintiff regarding reasonable accommodations for his hernia; and that his employer then terminated Plaintiff due to his hernia.  In a 27-page ruling, Judge Lawrence J. O’Neill of the Eastern District of California ruled in favor of Penske on all of Plaintiff’s claims.  Judge O’Neill held that Plaintiff was not disabled under California law; that Plaintiff failed to satisfy his burden to trigger the interactive process and reasonable accommodation duties; that the evidence could not support a finding that the stated reason for terminating the Plaintiff was really a pretext for discrimination; and that there was no basis for an award of punitive damages. Read the Order Fenn – Order Granting SJ

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