Glynn v. Superior CourtAnnotate this Case
The Court of Appeal held that Allergan was not entitled to summary adjudication of plaintiff's first cause of action for disability discrimination. The court held that plaintiff provided direct evidence of disability discrimination where Allergan terminated him because the temporary corporate benefits staffer mistakenly believed he was totally disabled and unable to work.
The court held that Allergan was not entitled to summary adjudication of plaintiff's fourth cause of action for retaliation where plaintiff's emails would permit a reasonable trier of fact to find that he sufficiently communicated to Allergan that he believed the way he was treated (i.e. ignored and not accommodated for his disability) was discriminatory. Furthermore, Allergan failed to articulate a legitimate nondiscriminatory reason for plaintiff's termination. The court held that plaintiff's fifth cause of action for failure to prevent discrimination and seventh cause of action for wrongful termination in violation of public policy should survive summary adjudication for the same reasons as his causes of action for discrimination and retaliation. Accordingly, the court issued a peremptory writ of mandate vacating the trial court's order to the extent it granted summary adjudication on these causes of action.