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Employment Law
Wrongful Termination
Retaliation

Stephen O'Brien v. Cal Poly Pomona, et al.

Published: Mar. 1, 2001 | Result Date: Feb. 9, 2001 | Filing Date: Jan. 1, 1900 |

Case number: KC0323812 Verdict –  $0

Judge

Andria K. Richey

Court

L.A. Superior Pomona


Attorneys

Plaintiff

Sandra Noel-Leyva


Defendant

Julie M. Brodsky


Facts

The plaintiff, a maintenance technician at Cal Poly Pomona, was terminated after his doctor disqualified him
from performing his essential job duties.
The plaintiff contended that the job description relied upon by the plaintiffÆs doctor was altered thereby
providing a false description of the plaintiffÆs job duties. Cal Poly requested medical information about the
plaintiff based on this false job description and did so without the plaintiffÆs knowledge or consent.
The plaintiff also contended that he was terminated in discrimination of his physical disability; that Cal Poly
failed to reasonably accommodate him; and that he was terminated in retaliation for his complaints to
CAL/OSHA regarding asbestos exposure at Cal Poly.
Cal Poly Pomona contended that it terminated plaintiff because his doctor disqualified him from performing his
essential job duties and did not have another job available that the plaintiff was qualified for.

Settlement Discussions

At a court-ordered mediation, the plaintiff demanded $110,000 and the defendants offered $11,000.


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