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Employment Law
Discrimination
Failure to Accommodate

Peggy Brown v. [REDACTED]

Published: Jun. 25, 2016 | Result Date: Apr. 27, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 1220047186 Arbitration –  $1,309,790

Court

Arbitration Forum


Attorneys

Claimant

Reza Mirroknian
(Mirroknian Law Firm PC)

Peter A. Javanmardi
(Javanmardi Law PC)


Respondent

Frieda A. Taylor


Facts

Claimant was employed as a claims representative for respondent, which involved processing bodily injury claims. She sued respondent following her termination. The dispute ultimately proceeded to arbitration.

Contentions

CLAIMANT'S CONTENTIONS:
Claimant contended that respondent's unfair behavior caused her stress, which then led to disabling illnesses. She claimed that respondent eventually terminated her when it thought she took too long to return to work while recovering from her illnesses and failed to offer her any accommodation or even discuss a possible accommodation besides a leave of absence.

Claimant asserted claims for employment discrimination, failure to accommodate, retaliation, failure to take steps to prevent discrimination, wrongful termination, intentional infliction of emotional distress, and unfair business practices.

RESPONDENT'S CONTENTIONS:
Respondent contended that claimant was essentially seeking an indefinite leave and that as a matter of law, an indefinite leave was not a reasonable accommodation.

Result

The arbitrator ruled in claimant's favor on her claims for wrongful termination, discrimination based on disability, retaliation, failure to prevent discrimination and failure to engage in the interactive process. It awarded her $750,000 in emotional distress damages. It also awarded her $550,582 in attorney fees and $9,204.22 in costs.


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