Home/Case Law/Shaw vs. Clovis Unified School District
Regular DecisionReconsideration

Shaw vs. Clovis Unified School District

Filed: Jul 08, 2008
San Francisco
STK 175646 STK 175647

CompFox AI Summary

The Appeals Board affirmed a prior decision finding the employer violated Labor Code section 132a by terminating the applicant due to her industrial injury. The applicant demonstrated a prima facie case of discrimination, and the employer failed to prove a business necessity for her termination, as she was able to perform her job with self-modification and the employer's justification was not supported by evidence available at the time of the termination. Consequently, the employer was ordered to pay increased compensation, lost wages, and benefits, subject to collateral source reductions.

Full Decision Text1 Pages

The Appeals Board affirmed a prior decision finding the employer violated Labor Code section 132a by terminating the applicant due to her industrial injury. The applicant demonstrated a prima facie case of discrimination, and the employer failed to prove a business necessity for her termination, as she was able to perform her job with self-modification and the employer's justification was not supported by evidence available at the time of the termination. Consequently, the employer was ordered to pay increased compensation, lost wages, and benefits, subject to collateral source reductions.

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