CASE SUMMARY:
Employer violated FEHA by discriminating against pregnant delivery driver and refusing to accommodate her restrictions.
Interactive Process Flawed: Within an hour of informing the company she was pregnant, Bimbos placed Lopez on an involuntary and unpaid medical leave after it reached the immediate conclusion that she could not perform her job in spite of her only moderate work restrictions (no climbing, no lifting over 20 pounds). Ms. Lopez asked if she could be placed in another position in the company, as an outlet Thrift Store Clerk, was summarily rejected by a Bimbos' human resources manager.

WHAT WENT WRONG:
Employer violated FEHA by discriminating against pregnant delivery driver and refusing to accommodate her restrictions.
Policies Flawed: The company's "interim work program" offered light duty only for workers involved in industrial accidents and did not extend to pregnant workers.

WHAT SHOULD HAVE BEEN DONE/LESSON LEARNED:
Engage. Engage in the interactive process.  Treat all employee’s the same.  Industrial and non-industrial related injuries.  Show a “good faith effort”.

RESULTS:

Total award: $2,340,700. Breakdown: $340,700 for lost wages and emotional distress; ($131,700 for past economic loss, $87,000 for future economic loss, $100,000 for past emotional distress and $22,000 for future emotional distress); $2 million in punitive damages, concluding that Bimbos had acted maliciously, fraudulently, and/or oppressively.