Anthony Kuchta v. Neopost Inc., a California Corporation, Neopost Group SA, Scot Stern, an Individual, Patrick Nangle, an Individual, and Does 1-25 Inclusive
Published: Jul. 21, 2007 | Result Date: Apr. 18, 2007 | Filing Date: Jan. 1, 1900 |Case number: RG05232874 Verdict – Defense
Court
Alameda Superior
Attorneys
Plaintiff
Daniel L. Feder
(Law Offices of Daniel Feder)
Defendant
Experts
Plaintiff
Marc A. Cohen M.D.
(technical)
Facts
Anthony Kuchta was Vice President of Sales at Neopost Inc. He developed a general anxiety that included a fear of flying. Neopost made accommodations to allow him to fly less. When it eliminated his position, Neopost offered him a new position as Vice President of Direct Sales, but warned him it required extensive travel without the previous accommodations. Kuchta declined this position and two subsequent offers, demanding a severance package instead. He was terminated when negotiations broke down. Kuchta sued Neopost for failure to accommodate and disability discrimination.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant terminated his employment because he feared flying and denied him the same accommodations that would have allowed him to accept the new positions.
DEFENDANT'S CONTENTIONS:
The defendant contended that travel was an integral function of the new job, which plaintiff could not perform even with accommodations. The two other job offers were reasonable accommodations.
Damages
$650,000 to $2.5 million for past and future lost wages and loss of stock options, plus an unspecified demand for emotional distress.
Result
Defense.
Poll
12-0 (discrimination), 12-0 (discrimination), 11-1 (failure to accomodate)
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