California Court of Appeal

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Arteaga v. Brink's, Inc., B194082

In a suit brought by a former employee, who was discharged after being subjected to an internal investigation of missing cash, asserting claims under the Fair Employment and Housing Act (FEHA) for physical disability discrimination and alleged wrongful termination of employment in retaliation for filing workers' compensation claims, summary judgment for employer is affirmed where: 1) plaintiff's reported symptoms of pain and numbness did not constitute a "physical disability" under the FEHA; 2) employer's lack of confidence in plaintiff-employee as a result of the internal investigation constituted a legitimate non-discriminatory reason for termination; and 3) although temporal proximity existed between plaintiff-employee's disclosure of symptoms and subsequent discharge, it did not create a triable fact as to pretext in light of the performance issues raised by employer before he engaged in protected activity.

Appellate Information

  • Decided 05/28/2008
  • Published 05/28/2008

Judges

  • MALLANO, Acting P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Mancini & Associates, Marcus A. Mancini, Christopher Barnes, Sherman Oaks;  Benedon & Serlin, Douglas G. Benedon, Los Angeles, and Kelly R. Horwitz for Plaintiff and Appellant.

  • For Appellees:
  • Crowell & Moring, James E. Kellett and Steven P. Rice, Irvine, for Defendant and Respondent.
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