​​​​​​Steven G. ​Pearl,  Esq.​​

 


  • ​Action by salesperson against automobile dealership alleging disability discrimination, failure to engage in the interactive process, failure to accommodate, and wrongful termination in violation of public policy.

  • Action by warehouse worker alleging disability discrimination, failure to engage in the interactive process, failure to accommodate, and wrongful termination in violation of public policy.

  • Action by long-term employee, alleging that bakery terminated her when she attempted to return to work following cancer surgery and chemotherapy. The defendant alleged that the plaintiff refused to provide it with a doctor’s note clearing her to return to work, with or without accommodation. The defendant also alleged that its financial condition would prevent it from satisfying a judgment for the plaintiff at trial. Resolved at mediation.

  • Action alleging that employer in the hospitality industry terminated employee while he was on leave for mental disability. The defendant alleged: the plaintiff had attendance issues from the start of his employment; HR representative who made termination decision had no knowledge of any disability; the plaintiff failed to deliver doctor’s notes for extended periods of time; and even if the plaintiff were to prevail on liability, he obtained new employment quickly upon being cleared to return to work and suffered little damage. Resolved on a mediator’s proposal.  

  • Action by short-term employee alleging that employer in the technology industry terminated her after she requested time off for an inflamed throat and panic attacks. The employer alleged that it terminated the employee because of performance issues and budgetary constraints. The employer also alleged that after termination it discovered that the employee had used company credit card for personal expenses. Resolved at mediation.

  • Action by restaurant employee, alleging that employer failed to provide treatment for work-related injuries, failed to engage in the interactive process with the plaintiff when he became disabled from those injuries, failed to accommodate his disability, and terminated him after he complained regarding the lack of accommodation. The employer alleged that it provided the plaintiff with intermittent leave to accommodate his injuries and that it terminated him when surveillance video caught him consuming alcohol from the employer’s bar on the job. Resolved at mediation. 

​​Case Summaries:

Discrimination and Harassment: Disability

Steven G. Pearl is a full-time mediator with ADR Services, Inc. He mediates all types of employment law disputes, including discrimination, harassment, and retaliation cases and individual and class action wage and hour cases.  He is available throughout California.