Wysinger

Wysinger v. Automobile Club

Good Law
157 Cal. App. 4th 413·2007 Cal. App. LEXIS 1961·69 Cal. Rptr. 3d 1·102 Fair Empl. Prac. Cas. (BNA) 241·20 Am. Disabilities Cas. (BNA) 56
Court of Appeal of CaliforniaNovember 29, 2007No. B191028California6,099 words

Opinion

lead Opinion

Gilbert, J.

An employee sued his employer for various discrimination claims under the California Fair Employment and Housing Act (FEHA; Gov. Code, § 12900 et seq.). Among other things, the jury found the employer liable for its failure to engage in an “interactive process” to determine reasonable accommodation for the employee’s disability. The jury found the employer not liable, however, for the claim it failed to provide a reasonable accommodation for the employee’s disability. Here we conclude these jury findings require different proofs and are not inconsistent.

*418 Defendant Automobile Club of Southern California (ACSC) appeals a judgment after jury trial. Guy Wysinger filed a discrimination action against ACSC, his former employer. We affirm because (1) substantial evidence supports the finding that ACSC unlawfully retaliated against Wysinger for filing an age discrimination claim; (2) the court did not commit reversible error with an instruction on retaliatory employer conduct; (3) the jury verdicts were consistent; (4) substantial evidence supports the findings that ACSC’s conduct damaged Wysinger; (5) the $1 million punitive damages award was not excessive; and (6) the…

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