Home -> Law Blog Directory -> Personal Injury Law Blogs -> Sacramento Injury Lawyer Blog
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Sacramento Injury Lawyer BlogSacramento Firefighter Files Retaliation And Discrimination Claim, Part 10 of 19
By Moseley Collins, Esq.
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace/sex discrimination case and its proceedings.)
1) Sufficiently Similar in Kind
Plaintiff presented evidence that retaliatory and discriminatory acts that were extremely similar in kind occurred both before and after the one-year limitations period. For instance, the City sent Mr.Carter to a fitness-for-duty evaluation on February 26, 2004 (before the one-year period), as well as on August 11, 2004, and again on September 4, 2004 (after the one-year period). The City submitted a discriminatory and retaliatory retirement application on April 26, 2004 (before the one-year period) and pursued that same discriminatory and retaliatory application after June 10, 23 2004 (into the one-year period). On February 2, 2004 (before the one-year period) the defendant refused to allow plaintiff to return from a mental health leave of absence, despite a release from his treating physician.
The same thing occurred on August 10, 2004 (into the one-year period). The defendant arbitrarily refused to process plaintiff's grievance over the fitness for duty conclusion in May of 2004 (before the one-year period) as well as on July 12, 2004 (into the one year period). The defendant refused to accommodate plaintiff both before and after June 10, 2004. The defendant refused to engage plaintiff in the interactive process both before and after June 10, 2004. This group of facts, standing alone, is sufficient for the jury to have found a continuing violation with respect to all four of plaintiff's causes of action.
Significantly, the retaliatory and discriminatory acts that were identified at the trial of the matter all had one thing in common: they were intended to prevent plaintiff from returning to work.[FN5] The same thing was true of his claims for failure to accommodate and failure to engage in the interactive process. When the City repeatedly refused plaintiffs reasonable requests for accommodation it prevented him from returning to work. When the City failed to engage plaintiff in a good faith interactive process it prevented him having a fair chance to discuss returning to work in some capacity. When the City retaliated against plaintiff by sending him to a fitness for duty evaluation on February 26, 2004 and August 11, 2004, it prevented him from returning to work.
Full post as published by Sacramento Injury Lawyer Blog on September 09, 2009 (boomark / email).
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
The Civil Rights Act of 1871
Law bans discrimination enacted under color of state law
Discrimination
Federal laws prohibit discrimination on the basis of race, color, religion, sex, national origin, age, or disability
Immigration Related Employment Discrimination & Unfair Labor Practices
What to do about employers who discriminate because of national origin
Music Teacher
College of the Desert agrees to $660,000 discrimination and retaliation settlement.
Lehman Brothers
Bankrupt, Files Chapter 11
Nevada Onion
Workers Injured, EPA Files Complaint
AIG Settles Injury Claim
for $18 Million
Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit
Recovery Claim
Florida Insurance Guarantee Association agrees to pay $14 million settlement to Home Solutions of America for construction services.

SUPREME COURT BANS RETALIATION UNDER SECTION 1981
What is Retaliation under Massachusetts Employment Law
6th Cir. Takes on Title VII Association Retaliation Claim
Reassigning worker from fifth-floor to first-floor office
U.S. Sup. Court OKs suits on retaliation in race cases







