Mesriani Law Group Secures $150,000.00 Settlement on Behalf of Disability Discrimination Victim

LOS ANGELES - Oct. 21, 2014 - PRLog -- Case files revealed that in June 2006, client-employee was hired by a university as a custodian. His job duties included, but were not limited to, cleaning, servicing and polishing the buildings floors, restrooms, furniture and fixtures, as well as steam-cleaning and shampooing the carpets. His job also required him to lift heavy furniture, equipment, and supplies of up to 600 pounds.

He did his work exceptionally well. But five years into his tenure, in March 2011, he was diagnosed with prostate cancer. Five months later, he underwent surgery in order to remove certain lymph nodes relating to his condition. Because of this, he had to be placed on disability leave, from August 2011 through February 2012.

Client-employee returned to work from his disability leave as expected, but with work restrictions at hand as provided by his doctor. He was advised not to push, pull or lift any items over 20 pounds, as well as twist or climb ladders. In all, he was required to be seated for 75 percent of his shift. These restrictions ran from February 7, 2012 until April 30, 2012. He submitted related documents of his restrictions to the university’s HR department.

However, when client-employee notified his supervisor about it on his first day back, he was forced to violate his work restrictions. He was required to lift furniture above 20 pounds, twist and climb ladders in order to clean fixtures, and was required to stand for more than 25 percent in his shift.

That same month, his doctor modified his work restrictions, adding that he was not allowed to work more than 6 hours per day, thus changing his work schedule from 3:00 a.m.-11:30 a.m. to 6:00 a.m.-12:00 p.m. By March, his work restrictions were again modified; instead of the 20-pound limit in pushing, pulling, or lifting items, it was reduced to 10 pounds. The restriction period was likewise extended until June 17, 2012.

Because of these changes, client-employee’s supervisor finally decided to move him from custodial work to work in the warehouse. However, he was still forced to violate his doctor’s orders. At the warehouse, he was required to place telephones and walkie-talkies in boxes, place these boxes on dollies and push 30-pound saw horses on parking spaces.

He immediately notified his manager about his restrictions, but just said that he doesn’t “know anything about that.” He then turned to his supervisor, but told him to follow her at the administrative office. There, he was told that his “gravy train is just about over with” and that he’ll “be back scrubbing foot plates on your hands and knees.” On many occasions, he was told the same thing; clearly an effort by his immediate superior to harass him because of his disability and his work modifications.

The harassment towards him continued further when around May 2012, client-employee learned that his supervisor told one of the school technicians to go through his personal e-mails without his permission. Also, his warehouse passwords were also changed by his superiors so that he was unable to have the same access as the rest of the employees. When he complained to one of the supervisors in the warehouse about it, he was ignored. During that same period, his manager verbally embarrassed him in-front of the other employees, telling him to “go read a book,” among other harassing comments.

Around June 2012, client-employee was scheduled to meet with the university’s director for special programs and the associate vice president to discuss his insurance concerns. However, the meeting was unexpectedly cancelled. It was revealed that his employer informed the insurance company that he was 60 years old when he was diagnosed with cancer. This meant that his medical insurance is already waived and that he was no longer covered under the university’s medical insurance. However, he was actually diagnosed of the condition at the age of 58, thus entitling him to the university’s medical insurance. He repeatedly asked for another meeting, but it was never rescheduled.

Later on, client-employee was placed on medical leave again, this time from July 18, 2012 to August 2, 2012 after he complained of severe stomach pain due to appendicitis. When he returned to work the day after his medical leave, he worked in the administrative building as a phone operator while under work restrictions of no pushing, pulling, or lifting of 15 pounds or more until August 10, 2012.

Unfortunately, client-employee was continuously harassed by his employers, especially within August and September of that year. By October, he decided to seek help from the Department of Fair Employment and Housing (DFEH), where he filed a complaint about his insurance getting cut off and for the harassment he endured at the hands of his superiors, among other things.

Around that same time, another immediate superior of client-employee took him off his phone operator position, stating that he needed full clearance from his doctor before he could come back to work even though his last medical document stated that his work restrictions ended in August 2012. He was then placed on unpaid leave of absence. Days after, he was sent home without pay and was told not to return to work, effectively ending his tenure with the university.

It was evident in the foregoing that he was a victim of discrimination and harassment because of his disability. Because of the ordeal he went through, he decided to seek the assistance of the expert employment attorneys of the Mesriani Law Group right after he was provided with a Right to Sue Notice by the DFEH. The law firm wasted no time in evaluating his case and filed claims of disability discrimination and harassment against the offending party.

Thanks to the adept and skillful representation of the law firm, the offending party was forced to settle the claim for $150,000.00. Once again, the Mesriani Law Group’s topnotch attorneys has obtained justice for a discriminated and harassed employee and helped him to fully recover from the losses he incurred.

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