Hollis

Hollis v. Federal Express CA2/7

Good Law
Court of Appeal of CaliforniaJune 10, 2015B255907California6,946 words

Opinion

Opinion

INTRODUCTION

Plaintiff and appellant Shawn Hollis was employed as a part-time material handler by defendant and respondent Federal Express Corporation (Fed Ex). He was terminated from his position after he missed more than two months of work while he suffered from back and leg pain. Hollis sued Fed Ex under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.),1 alleging that, among other things, the company discriminated against him on the basis of physical disability. The trial court granted Fed Ex’s motion for summary judgment, finding Hollis did not adequately inform the company of any disability before he was terminated. The court entered judgment in Fed Ex’s favor, and Hollis appealed. We affirm.

FACTUAL BACKGROUND

1. Fed Ex’s Attendance Policy Fed Ex requires its employees to maintain a minimum 96.9 percent attendance record. If an employee’s attendance falls below the minimum requirement, Fed Ex issues the employee a performance reminder. If an employee receives three performance reminders in a 12-month period, Fed Ex may terminate his or her employment. Under Fed Ex’s attendance policy, only unexcused absences count against an employee’s attendance…

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