Croxton-Narain v. Sterling & Sterling, Inc., No. B285240, 2019 WL 1069601 (Cal. Ct. App. Mar. 6, 2019)

Plaintiff worked as an executive account assistant for defendant. She suffered an Ischemic attack and missed over a month of work, prior to being returned to her position.  However, when Croxton suffered a second Ischemic attack, defendant determined that it could not accommodate her need for indefinite leave and terminated her employment. Plaintiff sued for disability discrimination, failure to reasonably accommodate her disability, and tortious wrongful termination.  Defendant moved for summary judgment on the ground that plaintiff’s need for indefinite leave precluded her from being a qualified person with a disability under federal and state anti-discrimination laws.  The trial court agreed and dismissed plaintiff’s lawsuit in its entirety.  The court of appeal, treating the appeal as a matter of first impression, affirmed the dismissal in a unanimous decision.

Sterling & Sterling was represented by partners Jonathan Gross and Kenneth M. Labbate and special counsel Lawrence Q. Hecimovich.