California and federal law protect the rights of employees from unlawful termination, which may include termination upon the basis of a mental health problem suffered by the employee. Employees are required to request reasonable accommodation for their illness in order to benefit from all of the legal protections available, however, employers may still terminate an employee after accommodations have been requested under some circumstances. The California Court of Appeals recently addressed an appeal to a rejected discrimination claim that had been pursued by a dentist against her former employer.
According to the facts discussed in the recently published appellate opinion, the defendant hired the plaintiff as a full-time dentist but she was later terminated. Nearly two years after her termination, the plaintiff sued the former employer alleging several causes of action. The complaint detailed that the plaintiff had previously sued another company for wrongful termination and retaliation. The plaintiff alleged that the defendant began a covert harassment campaign to interfere with her lawsuit against the other company. As a result of the stress from the alleged harassment, she began seeing a psychiatrist and was diagnosed with delusional disorder. Her accommodation request due to her disability was ultimately denied, and her employment was terminated. The defendant cited performance and behavioral issues as reasons for the termination, countering the plaintiff’s claim of pretext.
After discovery was complete, the employer asked the court to resolve the case without trial. The plaintiff represented herself without an attorney and opposed the summary disposition, but failed to present admissible evidence. The trial court granted the defendant’s motion, finding no triable issues. The plaintiff’s subsequent motion for reconsideration was denied, and she filed a notice of appeal in March 2023.