California Department of Fair Employment and Housing v. Penske Logistics, LLC
Published: Sep. 1, 2012 | Result Date: Aug. 3, 2012 | Filing Date: Jan. 1, 1900 |Case number: 10CECG00989 Settlement – $450,000
Court
Fresno Superior
Attorneys
Plaintiff
Timothy M. Muscat
(Office of the Attorney General)
Defendant
Jonathan A. Klein
(Klein, Hockel, Iezza & Patel PC)
Facts
The California Department of Fair Employment and Housing filed an action against Penske Logistics on behalf of 13 newspaper delivery drivers on the basis that Penske refused to hire the drivers because of their disabilities. After Penske entered into a contract with the Fresno Bee to deliver newspapers, the Bee informed its delivery drivers that they could apply for employment with Penske. When the drivers applied, Penske required them to disclose non-job-related physical conditions, which was prohibited. The DFEH alleged that Penske's Physical Capabilities Exam was neither job related nor consistent with business necessity, and thus violated the Fair Employment and Housing Act.
Result
The parties settled for $450,000.
Other Information
FILING DATE: March 16, 2010.
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