California Court of Appeal

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Nadaf-Rahrov v. Neiman Marcus Group, Inc., A114016

In a claim for employment discrimination based on disability, national origin, and ethnicity in violation of the Fair Employment and Housing Act, section 12940 (FEHA), grant of summary judgment in favor of defendant Neiman Marcus is reversed in part and affirmed in part where: 1) plaintiff-employee raised a triable issue of fact that she was unlawfully discharged because of her disability because Neiman Marcus could have but did not provide her with a reasonable accommodation (reassignment to a vacant position) that would have allowed her to continue working with the company; 2) limiting the discovery order to the San Francisco and Dallas stores is unsupported by legal authority or by the arguments or evidence that were presented to the commissioner; 3) court correctly granted summary judgment on retaliation claims where nonemployer individuals are not personally liable for retaliation; and 4) court erred in granting summary judgment for defendant on plaintiff's national origin and ethnicity discrimination claim.

Appellate Information

  • Decided 09/11/2008
  • Published 09/11/2008

Judges

  • REARDON, J.*

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Robert L. Rusky, Esq., Law Offices of Daniel Ray Bacon, Daniel Ray Bacon, Esq., San Francisco, Aaron S. Gorfein, Esq., for Plaintiff and Appellant.

  • For Appellees:
  • Keller Grover LLP, Eric A. Grover, Esq., Littler Mendelson, P.C., AnnaMary E. Gannon, Esq., Sofija Verzich, Esq., San Francisco, for Defendants and Respondents.
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