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Employee Could Proceed With Disability Discrimination And Wrongful Termination Claims

By Tony Oncidi on January 9, 2017

Soria v. Univision Radio Los Angeles, Inc., 5 Cal. App. 5th 570 (2016)

Sofia Soria worked as an on-air radio personality for Univision for approximately 14 years before her employment was terminated for alleged tardiness and lack of preparation for her show. In response to Soria’s lawsuit for alleged disability discrimination, Univision argued it had no knowledge of Soria’s alleged disability (a benign tumor) and that it had legitimate, nondiscriminatory reasons to terminate her employment. The trial court granted Univision’s motion for summary judgment, but the Court of Appeal reversed, holding that the alleged discrimination was based on an ailment that limited a major life activity (work). The Court further held that despite the employer’s assertion that it was not aware of Soria’s alleged disability, Soria’s testimony that she had orally notified her supervisor of her condition created a disputed issue of fact precluding summary adjudication. Similarly, the Court found triable issues of fact regarding Soria’s claims that the employer violated the California Family Rights Act because Soria’s statements concerning an alleged need to take time off from work for surgery were sufficient to trigger Univision’s obligation to inquire further into the details of Soria’s request.

  • Posted in:
    Employment & Labor
  • Blog:
    California Employment Law Update
  • Organization:
    Proskauer Rose LLP
  • Article: View Original Source

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