William Stewart v. The Boeing Company and Does 1 through 50
Published: Mar. 8, 2014 | Result Date: Dec. 27, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-05621-RSWL-AGR Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Allen B. Felahy
(Felahy Employment Lawyers)
Joshua A. Kuns
(McCune & Harber LLP)
Defendant
Sean A. O'Brien
(Payne & Fears LLP)
Daniel F. Fears
(Payne & Fears LLP)
Facts
William Stewart sued his former employer, The Boeing Co., following the termination of his employment.
Contentions
PLAINTIFF'S CONTENTIONS:
Stewart began working for Boeing in 1986 until February 2011 when his employment was terminated. Stewart suffered from a disability. In particular, he suffered from severe back pain caused by a slipped/displaced disc. He also suffered from anxiety, stress, and depression. Boeing was informed of Stewart's disabilities, and Stewart was even forced to take an approved medical leave of absence on two separate occasions. The first one was in 2009, and the second occurred from Jan. 8, 2010 through February 2011. On Jan. 28, 2011, Stewart's physician granted him a "return to work" date of Feb. 11. He then informed Boeing that his physician OK'd him for work, and showed up for work on that day. However, Boeing declined to return him to his former position as an "Expedite," and instead terminated him immediately. Stewart contended he was discriminated against because of his disability.
Stewart asserted various causes of action against Boeing, including disability discrimination, failure to accommodate, unlawful termination, and unlawful retaliation.
DEFENDANT'S CONTENTIONS:
Boeing denied Stewart's allegations, and asserted various affirmative defenses.
Result
The court rendered a verdict in Boeing's favor.
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