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Case Name | Fotheringham v. Avery Dennison Corporation | |
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Date | 03/22/2011 | |
Note | A plaintiff worker who proved that her employer failed to accommodate her disability, in violation of the Fair Employment and Housing Act, is entitled to more than $474,000 in attorney fees and costs in addition to her $54,000 damages award. | |
Citation | B217757 | |
WCC Citation | WCC 37362011 CA |
FOTHERINGHAM v. AVERY DENNISON CORPORATION SILVANA FOTHERINGHAM, Plaintiff and Appellant, v. AVERY DENNISON CORPORATION, Defendant and Appellant. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS ZELON, J. Silvana Fotheringham sued her former employer, Avery Dennison Corporation, and a jury found that Avery Dennison failed to accommodate her disability. "Silvana Fotheringham was a representative in Avery Dennison's Consumer Call Service Center, where she answered consumer inquiries about Avery Dennison products. Whether in 1999 Avery Dennison tried to mislead the DFEH with the date on a job analysis, if this is what Fotheringham could prove, is not relevant to whether Avery Dennison properly accommodated Fotheringham's disability. A review of the opposition papers filed by Avery Dennison demonstrates that Avery Dennison raised numerous arguments concerning the reasonableness of the fees requested by Fotheringham.
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