Debra Ackerman v. Western Electric Company, Inc., a Corporation, Debra Ackerman v. Western Electric Company, Inc., a Corporation
Opinion
Opinion
Canby, J.
INTRODUCTION
Plaintiff Debra L. Ackerman appeals from a judgment entered in her favor on a claim of handicap discrimination, under the California Fair Employment and Housing Act (“the Act” or “FEHA”). Cal.Gov.Code § 12940. She raises various issues relating to the award of attorneys’ fees, the denial of punitive damages, and the denial of prejudgment interest. Defendant Western Electric Company Inc., now AT & T Technologies Inc., (“the Company”), cross-appeals the summary judgment for plaintiff and the denial of summary judgment in its favor. In addition to its arguments on the state of the evidence, the Company claims that Ackerman’s state law claim is preempted by federal labor law.
Ackerman filed the action in state court and the Company removed it to federal court. The parties waived jury trial. Following lengthy proceedings and extensive briefing, the district court dismissed all claims against the Company except the one for handicap discrimination under California law. The court granted summary judgment for plaintiff on that claim. We affirm the judgment of the district court, 643 F.Supp. 836 , in all respects.