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Flores v. Mobil Corp.1/31/2002
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
I. Introduction
Ysidro Flores, plaintiff, appeals from a summary judgment in favor of his former employer, Mobil Oil Corporation and Mobil Business Resources Corporation, collectively referred to as defendant. Plaintiff alleged disability discrimination in violation of the Fair Employment and Housing Act (FEHA) (Gov. Code, ยง 12900 et seq.) and wrongful termination in contravention of public policy. The trial court found no triable issue of material fact as to whether defendant reasonably accommodated plaintiff's disability. We agree. Accordingly, we affirm the judgment.
II. Background
The material facts are undisputed. Plaintiff was a union-represented pipe fitter in the maintenance department of defendant's Torrance oil refinery for 16 years, from 1980 to 1996. Pipe fitters were required to lift heavy materials and to repeatedly walk, climb, bend, and kneel. In August 1996, plaintiff injured his left knee while working. Plaintiff's knee injury precluded him from performing his pipe fitter duties, with or without accommodation.
Defendant's policy with respect to disability discrimination was as follows: "Mobil is firmly committed to providing a work environment free from discrimination . . . on the basis of . . . disability . . . . This commitment applies to all aspects of employment-including recruitment, hiring, training, compensation, job assignment, advancement, performance feedback, and separation. This commitment extends to making reasonable accommodations that enable qualified disabled individuals to perform the essential functions of their jobs."
Defendant's practice with respect to disabled employees was as follows: "Mobil's practice has been to attempt to provide, at its discretion, temporary light duty work to employees who are temporarily disabled and unable to perform their regular jobs. When provided, such temporary light duty work typically continues until the employee is able to return to his or her former position or his or her injury is declared permanent and stationary. Mobil does not permit an employee to continue to perform light duty work once the employee's injury is determined to be permanent and stationary. [ ] Once an employee's injury is determined to be permanent and stationary, Mobil's practice is to search for vacant positions within the same bargaining unit that the injury employee is able to perform with or without reasonable accommodation. If it appears that such a vacancy (or vacancies) exist, Mobil contacts the employee and initiates the interactive process necessary to determine what accommodations may be needed and whether the employee is willing to accept the vacant position(s). If Mobil determines that there is no such vacancy, the employee is invited to receive short-term disability benefits. Mobil provides short-term disability benefits for up to a year. Under Mobil's plan, a permanently disabled employee with at least ten years of service receives full pay for the first twelve weeks and half pay for the remaining forty weeks. Workers who are awarded short-term disability benefits remain Mobil employees and continue to receive full benefits. [ ] If Mobil is informed that an employee on short-term disability is capable of returning to work, the employee's short-term disability benefits end and the employee is returned to work. When an employee's short-te
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