Employment Law Case Notes

• Citation: Vol. 31 No. 2
• Publication year: 2017
• Author: By Anthony J. Oncidi

Employment Law Case Notes

By Anthony J. Oncidi

Anthony J. Oncidi is a partner in and the Chair of the Labor and Employment Department of Proskauer Rose LLP in Los Angeles, where he exclusively represents employers and management in all areas of employment and labor law. His telephone number is (310) 284-5690 and his email address is aoncidi@proskauer. com. (Tony has authored this column without interruption for every issue of this publication since 1990.)

Discrimination Claims Against Media Company Are Not Barred by Anti-SLAPP Statute

Wilson v. Cable News Network, Inc., 6 Cal. App. 5th 822 (2016)

Stanley Wilson alleged discrimination, retaliation, wrongful termination and defamation against CNN, where he worked as a television producer before CNN terminated his employment following an audit of his work for suspected plagiarism. The CNN defendants answered Wilson's complaint and then filed a special motion to strike all causes of action pursuant to Cal. Civ. Proc. Code § 425.16 (the anti-SLAPP statute) on the ground that all of their staffing decisions (including those involving Wilson) were acts in furtherance of CNN's right of free speech that were "necessarily 'in connection' with a matter of public interest—news stories relating to current events and matters of interest to CNN's news consumers." The trial court granted CNN's anti-SLAPP motion and dismissed the lawsuit, but the court of appeal reversed, rejecting the characterization of the CNN defendants' allegedly discriminatory and retaliatory conduct as mere "staffing decisions" in furtherance of their free speech rights to determine who shapes the way they present news stories. See also Armin v. Riverside Community Hosp., 5 Cal. App. 5th 810 (2016) (physician's religious discrimination claims against hospital employer were not barred by the anti-SLAPP statute).

Employee Could Proceed With Disability Discrimination And Wrongful Termination Claims

Soria v. Univision Radio Los Angeles, Inc., 5 Cal. App. 5th 570 (2016)

Sofia Soria worked as an on-air radio personality for Univision for approximately fourteen years before Univision terminated her employment for alleged tardiness and lack of preparation for her show. In response to Soria's lawsuit for alleged disability discrimination, Univision argued that it had no knowledge of Soria's alleged disability (a benign tumor) and that it had legitimate, nondiscriminatory reasons to terminate her employment. The trial court granted Univision's motion for summary judgment, but the court of appeal reversed, holding that the alleged discrimination was based on an ailment that limited a major life activity (work). The court of appeal further held that despite Univision's assertion that it was not aware of Soria's alleged disability, Soria's testimony that she had orally notified her supervisor of her condition created a disputed issue of fact precluding summary adjudication. Similarly, the court found triable issues of fact regarding Soria's claims that Univision violated the California Family Rights Act, because Soria's statements concerning an alleged need to take time off from work for surgery were sufficient to trigger Univision's obligation to inquire further into the details of Soria's request.

Employee Injured During "Mock Robbery" Was Not Limited to Workers' Compensation Remedy

Lee v. West Kern Water Dist., 5 Cal. App. 5th 606 (2016)

Kathy Lee, an employee of the water district, sued the district and four co-workers for assault and intentional infliction of emotional distress after the co-workers staged a "mock robbery" without Lee's knowledge, and one of them (while wearing a mask) confronted her at the cashier's window with a note demanding money and told her that he had a gun. The jury awarded Lee $360,000 in damages for emotional distress. The trial court...