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Employment Law
Disability Discrimination
Failure to Accommodate

Hekmatollah Yosifi v. The Regents of the University of California

Published: Jan. 5, 2024 | Result Date: Dec. 5, 2023 | Filing Date: Oct. 4, 2018 |

Case number: BC724191 Verdict –  $6,131,204

Judge

Wendy Chang

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Anthony Nguyen
(Shegerian & Associates Inc.)

Max Levy
(Shegerian & Associates Inc.)

Ani M. Akopyan
(Akopyan Law Firm APC)


Defendant

Stephen E. Ronk
(Gordon & Rees LLP)

Daphne M. Anneet
(Burke, Williams & Sorensen LLP)


Facts

Plaintiff Hekmatollah Yosif, 63, was a Division Manager for the South Campus of the University of California, Los Angeles, where he oversaw several restaurants that are run by the Associated Students of the University of California, Los Angeles. Yosifi alleged that he was overworked and understaffed, before he was injured on the job and required accommodations for his ongoing restrictions. Yosifi alleged that, under his supervisor, Director of Food Services Cindy Bolton, he was not accommodated before his restrictions became permanent, and subsequently continued to not be accommodated. Then, while on medical leave, Bolton and ASUCLA claimed they discovered inventory variances in Yosifi's division, which led to their investigation into the matter and conclusion that Yosifi had engaged in inventory fraud. When Yosifi returned from his medical leave, he was informed of his termination. Yosifi was not informed of the investigation, nor was he interviewed about the issue, and claims that he did not engage in any fraud, had no motive to engage in fraud, and that the issues, if discussed, would have revealed that the matter related to miscommunication between he and his staff about the inventory process.

Contentions

PLAINTIFF'S CONTENTIONS: Yosifi claimed that the termination was a pretext to get rid of him because of his disability and need for accommodations.

Damages

Yosifi alleged he has been unable to find and maintain subsequent employment. He alleged he has and continues to suffer from major depressive disorder and panic disorder.

Result

Verdict in favor of plaintiff, Yosifi, for a total compensatory award of $6,131,204 (past economic damages: $485,131; future economic damages: $646,073; past non-economic damages: $4 million; future non-economic damages: $1 million)

Deliberation

six hours

Poll

11-1 failure to engage in interactive process; 11-1 failure to accommodate; 11-1 disability discrimination; 12-0 disability harassment; 12-0 CFRA retaliation; 12-0 failure to prevent discrimination, harassment, or retaliation

Length

15 days


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