California Appellate Court Says Disabled Pipefitter Has Disability Discrimination Claim Against Turnaround Service Provider

In a case brought by a worker under the California Fair Employment and Housing Act, a California appellate court reversed a trial court’s grant of summary judgment to a multi-industry turnaround service provider.  The worker, whose disability required him to wear a leg brace, was assigned to work as a pipefitter.  As a pipefitter, the worker typically performed scaffolding work, but had temporarily requested groundwork after his leg brace broke.  The worker asserted that he was not afforded groundwork and, therefore, had to continue to perform the scaffolding work.  While performing the scaffolding work, the worker was injured.  His employment was subsequently terminated.  The worker alleged that he was terminated on the basis of his disability and in retaliation for his request for accommodation as well as his request for workers’ compensation.

The trial court granted the turnaround service provider’s motion for summary judgment finding that there were no issues of material fact and that “the undisputed evidence indicate[d] that as of the date when plaintiff’s employment was terminated, plaintiff was no longer a qualified employee.”  Further, the trial court found that the evidence also indicated that plaintiff’s causes of action were barred by the state’s workers’ compensation exclusivity rule.

The appellate court reversed, finding that based on the worker’s deposition, there were triable issues of fact as to the worker’s accommodation allegations and discrimination claim.  Further, it found that material issues of fact existed as to whether the service provider’s failure to accommodate the worker’s disability was a substantial factor in causing his subsequent workplace injury, in which case the workers’ compensation exclusivity rule would not bar the worker’s claim.  The case was remanded to the trial court.