Donna May v. Walt Disney Parks and Resorts U.S., Inc.

I. Background

A. Facts Plaintiff has been an employee in food and beverage locations at Walt Disney Parks and Resorts’ U.S., Inc. (“WDPR” or “Defendants”) Disneyland Resort since 1989. Complaint (“Compl”) (Submitted with Notice of Removal as Attachment 3) (Dkt. 1) ¶ 11. Plaintiff’s exclusive bargaining representative with WDRP all times relevant to this action was her union, Workers United Local 50 (the “Union”). Opp’n at 1. The Collective Bargaining Agreement (“CBA”) between Defendant and the Union was the “Agreement on Wage Scale and Working Conditions.” Id. at 2. This was the exclusive contract governing the terms and conditions of Plaintiff’s employment with Defendant. Id.

CIVIL MINUTES – GENERAL

Case No. SA CV 21-00968-DOC-JDE Date: July 20, 2021 Page

Plaintiff has a documented shellfish allergy disability that requires work restrictions to avoid exposure. Compl. ¶¶ 12, 14. Plaintiff is currently an Assistant Receiver. Id. ¶ 11. Prior to July 14, 2019, she was a Receiver and sometimes Lead Receiver at a higher pay rate. Id. Plaintiff’s working conditions began changing in 2017 when she was moved to different locations and assigned different…