Burke v. Discovery Sales, Inc.

Discrimination Wrongful Termination

Contra Costa County Superior Court Case no. C 10 03014

Plaintiff worked for defendant DISCOVERY SALES, INC. (“DSI”) from October 2007 through October 2009.  After Plaintiff was sexually assaulted at work, she asked DSI to take reasonable steps to ensure her safety in the workplace.  She also asked DSI to accommodate her reasonable request to leave work early one time so that she could see her doctor for a disability related to the assault.  In response, DSI attempted to force Plaintiff to resign.  When Plaintiff refused, DSI terminated her employment.

Plaintiff brought suit alleging causes of action for:  (1) wrongful termination in violation of public policy; (2) constructive discharge in violation of public policy; (3) disability discrimination under the California Fair Employment and Housing Act, Government Code section 12900, et seq. (“FEHA”); (4) failure to provide reasonable accommodation; (5) failure to engage in the interactive process; (6) failure to prevent discrimination; (7) intentional infliction of emotional distress; (8) failure to pay all wages due upon discharge; and (9) penalties for failure to pay all wages due upon discharge.

After DSI compelled Plaintiff to proceed in arbitration, she prevailed on almost all of her claims.  The case settled shortly thereafter for approximately $900,000.

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