Facts

The plaintiff worked at American Honda Motor Co, Inc. in Torrance, Calif. as a publications coordinator who formatted and finalized the company’s publications. Honda terminated him after issuing several warnings due to his well-documented attendance and performance issues.

The plaintiff claimed that an alleged disability – gastritis or an ulcer – precluded him from arriving to work on a regular schedule. In an effort to accommodate the plaintiff, Honda had offered him a leave of absence and a later start time. However, the plaintiff rejected the leave of absence and insisted that he be given a "flexible" work schedule that would allow him to arrive at work at varying times, depending on when his symptoms flared.

PLAINTIFF'S CONTENTIONS:
Following his termination, the plaintiff sued Honda, alleging that the company failed to engage in the interactive process and to reasonably accommodate him and wrongfully terminated and harassed him due to his disability. The plaintiff also alleged that Honda denied him overtime compensation in violation of California law and communicated defamatory statements concerning his work performance.

DEFENDANT'S CONTENTIONS:
Honda engaged in the interactive process and provided the plaintiff with more than one accommodation and was not obliged to provide the plaintiff with the accommodation of his choice. Honda also contended that there was no evidence of discriminatory animus or harassment based on disability. Rather, the plaintiff complained of having personal issues with his supervisor. Many of plaintiff's performance and attendance issues were unrelated to his disability.

In addition, Honda contended that the plaintiff had no evidence that he had worked overtime hours for which he did not receive overtime compensation. And, any statements communicated concerning plaintiff were true and privileged.

Settlement Discussions

Plaintiff demanded a six-figure amount at a pre-hearing mediation. Defendants offered a mutual walk-away in response.

Result

The Hon. John Shepard Wiley, Jr. granted Honda summary judgment and dismissed the lawsuit in its entirety on the grounds asserted in Honda's motion after determining the Company had offered sufficiently reasonable accommodations to the plaintiff. Additionally, Judge Wiley concluded there was no evidence of discrimination, harassment, unpriviliged or defamatory statements or unpaid overtime.