Facts

Plaintiff Thomas W. Cefalu, a clinical specialist, was terminated from his position with Genentech Inc. Cefalu claimed that he was terminated because the company learned that he'd been in a motor vehicle accident, caused by a seizure disorder. After the accident, Cefalu took a three-month medical leave for injuries arising out of the accident. His license was suspended but later reinstated after he was terminated.

Cefalu sued Genentech for disability discrimination, failure to make reasonable accommodation, failure to engage in the interactive process, failure to prevent discrimination, retaliation for taking permitted leave, and failure to pay incentive bonus. He claimed that after his supervisor found out about the seizure, he received a call from human resources telling him that he would be unable to return to work without neurological clearance. The neurologist informed the company that he was not allowed to resume his duties.

Genentech denied that it discriminated against Cefalu. The company argued that Cefalu was an established poor performer who had committed expense-related misconduct and was terminated only after the company learned that he had returned to work and driven for 300 miles on business on a suspended license.

Result

Punitive damages and the California Family rights act claim were dismissed on non-suit at the close of Plaintiff's case. The wage claim and penalties associated with it were dismissed on a directed verdict at the close of the evidence, and the four remaining claims went to the jury. The jury returned a defense verdict on the remaining claims.

Deliberation

three hours

Poll

12-0

Length

four weeks