Ana Palacios v. Alcon Research, LLC
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff Ana Palacios’s (“Plaintiff”) Complaint (“Compl.”) (Dkt. 1-1). This action concerns Plaintiff’s employment with Alcon Research, LLC (“Defendant”). Compl. ¶ 1. Plaintiff, a 62-year-old physically disabled diabetic, was employed by Defendant for approximately 30 years. Id. ¶ 11. Plaintiff alleges that although Defendant was aware of Plaintiff’s disability, Defendant changed its company policy regarding disability related absences that ultimately resulted in Plaintiff accruing excessive absences. Id. ¶ 13-16. Defendant then terminated Plaintiff on the grounds of excessive absences. Id. ¶ 16. Plaintiff alleges she was discriminated against by the Defendant on the basis of her disability, age, and race/national origin. Id. ¶ 17.
CIVIL MINUTES – GENERAL
Case No. SA CV 21-01727-DOC-ADS Date: December 29, 2021 Page
B. Procedural History Plaintiff originally filed suit in the Orange County Superior Court, on September 8, 2021. See generally Compl. On October 18, Defendant removed the action to this Court, asserting diversity jurisdiction. Notice of Removal (Dkt. 1).