Won Disability Discrimination Suit for Southern California Theme Park

Payne & Fears LLP obtained summary judgment on behalf of its client, a major Southern California theme park, with regard to a disability discrimination/retaliation suit brought in Orange County Superior Court and removed to U.S. District Court for the Central District of California.  The plaintiff, a former employee, alleged that she had been wrongfully demoted when she was not offered an identical secretarial position upon her return from an extended leave of absence.  Payne & Fears LLP obtained summary judgment based upon the plaintiff’s admissions at deposition, which established that the plaintiff was not disabled at the time of the alleged wrongful demotion; that she never notified her employer of any need for accommodation; and that she had not engaged in any legally-protected activity at the time she was cleared to return to work.  Daniel F. Fears and Laura Fleming handled the defense of the case.