Our client, a leader in the foodservice industry, was sued by a former employee for disability discrimination and failure to accommodate. As a result of a degenerative physical disability, the employee eventually was rendered permanently disabled from performing the essential functions of his position or of any other position the company had available. The employee nonetheless felt he should be kept on the payroll in some capacity indefinitely. He filed claims with the Department of Fair Employment and Housing and the EEOC, both of which issued “no cause” findings and dismissed the charges, after we submitted a position statement on behalf of our client. Not to be deterred, the plaintiff sued in federal court alleging discrimination under the ADA. The CDF defense team refused numerous pleas of settlement and instead positioned the case for a quick summary judgment. After taking the plaintiff's deposition and obtaining monetary sanctions against the plaintiff's attorney for failure to comply with discovery, the plaintiff and his attorney chose to voluntarily dismiss the case, resulting in a quick victory for our client.
U.S. District Court, Eastern District of California