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Employment Law
Disability Discrimination
Failure to Provide Reasonable Accommodation

Yukio Taira v. Honeywell International, Inc.

Published: Jul. 7, 2023 | Result Date: Feb. 28, 2023 | Filing Date: Sep. 6, 2018 |

Case number: BC720861 Summary Judgment –  Defense

Judge

Gail Killefer

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Christopher A. Asvar
(Asvar Law PC)

Jonathan J. Perez
(Asvar Law PC)


Defendant

Jeffrey G. Huron
(Dykema Gossett PLLC)

Charlotte G. Carne
(Dykema Gossett PLLC)

Thi Hoang Ho
(Dykema Gossett PLLC)

John F. Rhoades
(Dykema Gossett PLLC)


Facts

Plaintiff Yukio Taira started working for Honeywell on Nov. 14, 2011 in sales and marketing for Turbo-by-Garrett, a division of Honeywell at the time which produced aftermarket turbochargers. Plaintiff reported to Sales Leader Justin Ocello.

On Feb. 10, 2014, plaintiff visited an urgent care facility with "nasal complaints." During the urgent care visit, plaintiff's blood pressure was very high. The urgent care doctor did not recommend any work restrictions for plaintiff. The only recommendation the urgent care doctor made was "diet and exercise."

Plaintiff did not see another physician or healthcare provider until May 14, 2015, when he suffered a stroke. Plaintiff's high blood pressure did not affect his ability to perform his job and, during his deposition, Plaintiff testified that the headaches brought on from the high blood pressure prevented him from "hanging out with friends." Plaintiff did not have a formal diagnoses for anxiety prior to his stroke.

In October 2014, eight months after the urgent care visit, Honeywell's Product Manager, Manny Fitzgerald, ended his employment with Honeywell. Plaintiff and his supervisor, Ocello, filled "in the gap that Manny left behind" and plaintiff claimed he felt overworked. Plaintiff stated he spoke with Ocello "at least five times" regarding feeling overworked stating in November 2014.

In April 2015, during one such conversation, plaintiff claims he mentioned for the first time that he had "heart attack-like symptoms," including chest pain and trouble sleeping. He also claims he told Ocello that he had anxiety, night sweats, and high blood pressure.

When plaintiff requested to see Human Resources, Ocello set up a meeting with HR two days later. Plaintiff claimed he told the HR supervisor everything he had told Ocello. The HR manager told plaintiff that Honeywell was in the process of hiring a replacement for Fitzgerald. At no time did plaintiff request time off to attend to his alleged health issues. On May 14, 2015, plaintiff was on a flight to a trade show for work when he suffered a severe stroke.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he made a request for reasonable accommodations and defendant failed to engage in the interactive process.

DEFEDANT'S CONTENTIONS: Defendant contended that plaintiff never requested an accommodation. Plaintiff did not provide any restrictions on hours from a doctor; did not inform anyone that his stress and anxiety restricted his ability to do his job; and did not ask for any time off. Defendant further contended that even if plaintiff had requested defendant to hire a replacement, employers are not required to hire additional employees. Because plaintiff did not request a reasonable accommodation, defendant did not have a duty to engage in the interactive process.

Settlement Discussions

Plaintiff demanded $43 million.

Damages

Plaintiff contended his damages were $172 million.

Result

Summary judgment in favor of defendant.

Other Information

The case is presently on appeal.


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