Avery v. Community Hospital of the Monterey Penins
Community Hospital of the Monterey Peninsula terminated Beverly Avery for poor performance following a disciplinary probation and suspension. Avery sued the hospital for wrongful termination, alleging disability discrimination and related claims, and the hospital prevailed on a motion for summary judgment. Avery argues that the trial court erred by excluding evidence, failing to construe evidence in her favor, and finding no material facts in dispute. She argues that the court misapplied the law related to her claim of failure to accommodate, and incorrectly analyzed her retaliation claim. For the reasons stated here, we will uphold the judgment as to the causes of action for retaliation, age discrimination, and defamation. We will reverse the judgment on the remaining causes of action because we conclude that triable issues exist as to whether Avery’s disability was a substantial factor motivating her termination and whether the hospital failed to accommodate her disability.
Comments on Avery v. Community Hospital of the Monterey Penins