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Case Name | Gelfo v. Lockheed Martin Corp. | |
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Date | 06/02/2006 | |
Note | Failure to accommodate or engage in interactive process following work injury where employer does not consider employee 'actually disabled' is violation of FEHA. | |
Citation | 140 Cal. App. 4th 34 | |
WCC Citation | WCC 31622006 CA |
CERTIFIED FOR PUBLICATION SUMMARY Appellant Charles Gelfo sued his former employer, respondent Lockheed Martin Aeronautics Company, a division of Lockheed Martin Corporation (Lockheed), alleging disability discrimination in violation of the Fair Employment and Housing Act (FEHA), (Gov. Code, § 12940, subds. Throughout his employment, Gelfo belonged to a labor union that was party to a collective bargaining agreement (CBA) with Lockheed. Gelfo said Lockheed was misinformed about his medical restrictions, and reiterated he had successfully completed the training without incident. Gelfo was laid-off from his position as a metal fitter in October 2000 as part of a reduction in force at Lockheed. Because Gelfo ceased being a Lockheed employee in October 2000, his claim for wrongful discharge, filed nearly two and one-half years later, was untimely.
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