[Download] "Avila V. Continental Airlines" by In the Court of Appeal of the State of California Second Appellate District Division Five # eBook PDF Kindle ePub Free

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eBook details

• Title: Avila V. Continental Airlines
• Author : In the Court of Appeal of the State of California Second Appellate District Division Five
• Release Date : January 11, 2008
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 102 KB

Description

Plaintiff and appellant Henry Avila (plaintiff) appeals from a summary judgment entered against him on his claims that he was discharged from his employment with Chelsea Food Services (Chelsea), a division of defendant and respondent Continental Airlines (Continental), in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12940 et seq.),*fn1 the California Family Rights Act (§ 12945.2) (CFRA), and public policy. We affirm the summary adjudication of plaintiff's FEHA claims because plaintiff failed to raise a triable issue as to whether the Continental employees who made the decision to discharge him knew of his alleged disability at the time they made that decision. We reverse the summary adjudication of plaintiff's CFRA and public policy claims, however, because there are triable issues of fact as to whether plaintiff submitted material to Continental that constituted a request for CFRA-qualifying leave. Although the forms plaintiff asserts he submitted to Continental were insufficient to put Continental on notice that he was disabled for purposes of FEHA, they could suggest that plaintiff had suffered a "serious medical condition" as defined in CFRA and could be viewed as a request for leave under CFRA. If, as plaintiff's evidence shows, he was terminated because of absences for a period that was subject to a request for CFRA leave, plaintiff has a CFRA claim.

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