Croxton-Narain v. Sterling & Sterling, Inc.,
No. B285240, 2019 WL 1069601 (Cal. Ct. App. Mar. 6, 2019)
Plaintiff worked as an executive account assistant for
defendant. She suffered an Ischemic attack and missed over a month
of work, prior to being returned to her position. However,
when Croxton suffered a second Ischemic attack, defendant
determined that it could not accommodate her need for indefinite
leave and terminated her employment. Plaintiff sued for
disability discrimination, failure to reasonably accommodate her
disability, and tortious wrongful termination. Defendant
moved for summary judgment on the ground that plaintiff's
need for indefinite leave precluded her from being a qualified
person with a disability under federal and state
anti-discrimination laws. The trial court agreed and
dismissed plaintiff's lawsuit in its entirety. The
court of appeal, treating the appeal as a matter of first
impression, affirmed the dismissal in a unanimous decision.
