Retaliatory Discharge Action
In Stiefel v. Bechtel Corp., No. 09-55764, an action alleging that defendant discriminated against plaintiff because of a disabling work-related injury and failed to accommodate that disability, and then laid him off to retaliate against him for seeking accommodation, the court affirmed in part summary judgment for defendant where plaintiff failed to demonstrate either that he applied to be rehired or that it would have been futile to do so. However, the court reversed in part where plaintiffs' California Department of Fair Employment and Housing (DFEH) charge was deemed filed with the EEOC pursuant to a "Worksharing Agreement" between the DFEH and the EEOC.
As the court wrote: "James Richard Stiefel appeals from orders of the district court dismissing his employment discrimination claims against Bechtel Construction Company under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Stiefel contends that Bechtel discriminated against him because of a disabling work-related injury and failed to accommodate that disability ("pre-termination claims") and then laid him off to retaliate against him for seeking accommodation ("termination claims")."
- Read the Ninth Circuit's Decision in Stiefel v. Bechtel Corp., No. 09-5576