Kaae

FACTS AND HISTORY OF THE PROCEEDINGS

The Second Amended Complaint

As pertinent to this appeal, in his second amended complaint, Kaae brought suit against the District for discrimination under Government Code section 12940, subdivisions (a), (m), (n), and (k), based on disability as well as for retaliation for whistleblowing under Labor Code section 1102.5, and retaliation for requesting family medical leave under Government Code section 12945.2, subdivision (l)(1). (We note this is section 12945.2, subdivision (k)(1) in the most recent amendment to the statute.) Kaae alleged that he began working for the District in 2009, and by 2012, he had held two positions: Maintenance and Operations Supervisor and Lead Maintenance Worker. In 2014 he notified the District superintendent that the public water supplies could be contaminated because the school irrigation system lacked backflow valves. As alleged, the superintendent ignored this, and was “perturbed” that Kaae kept raising it. On January 27, 2015, Kaae injured his back while working and was taken off work by his doctor. Kaae returned to work on February 4th. But on February 10th, he reinjured his back and was again taken off work…