Dickinson v. Allstate Ins. Co.
Allstate Insurance Company appeals from an order denying its motion for judgment notwithstanding the verdict in an action based on the Fair Employment and Housing Act (FEHA). Allstate’s former employee, Eric Dickinson, sued Allstate and his immediate supervisor, Eric Jentgen, for disability discrimination. Allstate on its side asserted it terminated Dickinson’s employment because he falsified company documents, not because of a disability. The jury returned special verdicts in Dickinson’s favor on two of eight FEHA causes of action alleged in the complaint. The court denied Allstate’s subsequent motion for judgment notwithstanding the verdict (JNOV) on these two claims.
Dickinson cross-appeals from the trial court’s subsequent attorney fee and cost awards as too small. He also cross-appeals from the posttrial entry of a judgment omitting Jentgen from a defamation claim.
On the appeal, we reverse in part and affirm in part. The jury found in Dickinson’s favor on two exclusively FEHA causes of action: failure to accommodate and failure to engage in the interactive process. An essential element of a lawsuit under the FEHA is exhaustion of administrative remedies. There is no evidence in this record that Dickinson received the necessary right-to-sue letter from the Department of Fair Employment and Housing (DFEH). The trial court should have granted Allstate’s motion for JNOV on this issue.
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