Gina Browne

As an undergraduate at Loyola Marymount University, Browne was an NCAA Division One conference champion long-distance runner. Later, she was a competitive triathlete who made the cover of Runner’s World magazine. Now a name partner at Feldman Browne Olivares, she sees a direct connection between her athleticism and her career representing workers.

“Endurance sports require so much discipline and focus, and that is very much like the long game needed in litigation,” she said. “Both sports and the law take a lot of work, a lot of stress, a lot of high-pressure situations.”

Browne is currently preparing for an October trial in Los Angeles County Superior Court. She represents Debra Savala, a 20-year Wells Fargo & Co. administrator disabled with a carpal tunnel disorder who was fired after returning from medical leave and being denied reinstatement to an open position.

That’s not an uncommon situation, said Browne, who is considering the possibility of expanding the lawsuit to class action proportions as discovery proceeds. “Savala is my big battle right now. The litigation is very aggressive and heated right now,” she said. “We tried mediation. There have been no settlement talks. We do have some other potential plaintiffs.” Savala v. Wells Fargo Bank N.A., BC637801 (L.A. Super. Ct., filed Nov. 3, 2016).

“Our client wasn’t the only one affected by the bank’s policy,” she said. “We contend that the bank maintains an illegal policy and practice of refusing to accommodate employees who return from medical leave without restrictions, arguing that they are ‘no longer disabled’ and therefore not entitled to reinstatement to an open position. But there is a preferential reinstatement requirement under California law, which the bank is failing to follow. My client returned from leave, applied for 12 different jobs at the bank and was rejected for each.”

Browne said the bank has been found in violation of the law in previous cases. “Large companies calculate that accommodating disabled employees affects their bottom line, so they push it,” she said. “Their argument is that if they found a way to do the job without a disabled employee, that is a business reason not to let them return to work. Their argument is completely contrary to public policy.”

In another matter she declined to discuss in detail, Browne said that this year she achieved a confidential $1.3 million settlement for a disabled client fired from his long-term employment — even though his wage loss was less than $75,000.

Browne relishes her work. “It’s a great job,” she said. “I hope to do it for some time. Fighting for the little guy is so rewarding.”

— John Roemer