Employment Appellate Victory

The Plaintiff worked in the accounting department of an entertainment company and was harassed and discriminated against based on her physical disabilities by her female supervisor.  She eventually was forced to take a leave of absence because the harassment was causing physical and emotional problems including multiple anxiety attacks.  She was unable to return to work and was constructively discharged from her employment.  She then sued her employers (there were two of them) and the supervisor.

In an extremely rare circumstance, the trial court took it upon itself to file a Motion for Judgment on the Pleadings, even though the defendants had already filed an Answer to the Complaint.  The trial court granted the motion and entered judgment in favor of the defendants stating that plaintiff had not plead sufficient facts to establish any cause of action.

The appellate court found the trial court had erred finding sufficient facts for claims of discrimination based on physical disabilities, harassment based on physical condition or disability, failure to prevent discrimination, wrongful termination in violation of public policy, and intentional infliction of emotional distress.  The matter has now been returned back to the trial court for further adjudication.

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