Dudley
Dudley v. Department of Transportation
Opinion
Opinion
Nicholson, J.
Plaintiff Carla R. Dudley (hereafter Dudley) appeals from a judgment on the pleadings in favor of her former employer, defendant Department of Transportation (hereafter Caltrans). Dudley contends her complaint states, or could be amended to state, facts sufficient to constitute a cause of action against Caltrans for retaliating against her for taking medical leave, in violation of the Moore-Brown-Roberti Family Rights Act (Gov. Code, §§ 12945.1, 12945.2, hereafter CFRA). We agree that Dudley’s complaint could be amended to state a retaliation claim under CFRA and accordingly reverse the judgment.
Procedural History
In December 1997, Dudley filed a complaint in federal court alleging, among other things, disability discrimination by her former employer, Cal-trans, in violation of the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq., hereafter ADA) and the California Fair Employment and Housing Act (Gov. Code, § 12900 et seq., hereafter FEHA). Dudley asserted she was diagnosed with diabetes in August 1996 and that Caltrans had failed to reasonably accommodate her disability, resulting in the termination of her employment in June 1997.