Bell v. Wells Fargo Bank

The issue presented is whether a former employee’s action based on the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12940 et seq.) is barred by the doctrine of judicial estoppel because of certain statements the employee made in an application for disability benefits. Finding the answer to be no, we reverse the summary judgment for the employer.

Background

Starting in 1990, plaintiff Andrew J. Bell was employed by defendant Wells Fargo Bank, N.A., as a bank examiner. He was diagnosed with HIV the following year. Plaintiff’s physician advised Wells Fargo that his condition necessitated a number of changes in his work conditions and schedule—no travel over significant distances, a forty-hour workweek spread over only four days, and one of those days plaintiff would telecommute from his home. Wells Fargo followed these recommendations. Plaintiff received two promotions and uniformly favorable job evaluations.

This changed in July of 1993 when Wells Fargo informed plaintiff that he would no longer be allowed to have a regular telecommute day; plaintiff would either have to spend that day at the office or go to part-time status. Plaintiff’s physician told Wells…