Vasquez v. Del Rio Sanitarium
Defendant and appellant Del Rio Sanitarium, Inc., appeals from a judgment following a jury trial in favor of plaintiff and respondent Christina Vasquez in this action for pregnancy discrimination in violation of the Fair Employment and Housing Act (FEHA)(Gov. Code, § 12900 et seq).[1] Del Rio contends: 1) the trial court erred by excluding evidence of Vasquez’s absences from work; 2) the trial court erred by excluding expert testimony on the requirements for medical certification; 3) the trial court erred by excluding certain testimony about expert fees; 4) Del Rio was entitled to judgment as a matter of law, because Vasquez could not perform the essential functions of her job even with accommodation; 5) the award of past economic damages was excessive; 6) the award of future damages failed to account for mitigation; and 7) the amounts awarded for past and future noneconomic damages were inconsistent with the jury’s finding that Vasquez did not suffer severe emotional distress and were not supported by substantial evidence. We find no abuse of discretion in the trial court’s evidentiary rulings, ample evidence to support the finding that Vasquez could perform the essential duties of her job following a temporary job restructuring or transfer to light duty work, and there was sufficient evidence to support the jury’s award of damages. We affirm.
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