Arteaga

Arteaga v. Brink's, Inc.

Bad Law
163 Cal. App. 4th 327·2008 Cal. App. LEXIS 785·77 Cal. Rptr. 3d 654
Court of Appeal of CaliforniaMay 28, 2008B194082California10,681 words

Opinion

Opinion

Mallano, J.

— An employee at an armored transportation company was the subject of an internal investigation into missing cash and knew he could be terminated depending on the outcome. During the investigation, he notified his employer for the first time that he was suffering from pain and numbness in his arms, fingers, shoulders, and feet; he stated he had been experiencing those symptoms for a year or two; he expressed his belief that they were work related; and he filed claims for workers’ compensation. Days later, he was terminated based on the results of the investigation.

The employee then filed this suit, alleging a claim under the California Fair Employment and Housing Act (FEHA or Act) (Gov. Code, § 12900 et seq.) for physical disability discrimination. He also alleged a claim for wrongful termination of employment in violation of public policy, contending he had been terminated in retaliation for filing workers’ compensation claims. (See Lab. Code, § 132a.) The trial court granted summary judgment for the employer.

We conclude that the disability discrimination claim fails because the employee’s symptoms did not constitute a “physical disability” under the FEHA.…

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