Gonzalez v. ATI Systems International
Plaintiff and appellant Roland Gonzalez appeals from a judgment following an order granting summary judgment in favor of ATI Systems International, Inc., in this action for disability discrimination, failure to accommodate, and failure to engage in an interactive process under the Fair Employment and Housing Act (the FEHA) (Gov. Code, § 12940 et seq.).[1] Gonzalez contends: 1) direct evidence shows ATI terminated him for failing to return to work, which ATI knew was due to his disability, and therefore, the McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 (McDonnell Douglas) burden-shifting analysis of circumstantial evidence does not apply in this case; 2) triable issues of fact exist as to whether his request for an additional unpaid leave of absence was a reasonable accommodation that would not have caused ATI undue hardship; 3) triable issues of fact exist as to whether ATI failed to engage in an interactive process to discuss accommodation; and 4) there is clear and convincing evidence to support an award of punitive damages. We conclude triable issues of material fact exist as to all causes of action except the punitive damages claim. Therefore, we reverse with directions.
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