California Appeals Court Affirms Employer's Right To Not Hire Possibly Disabled, But Admittedly Dishonest, Applicant

In Salas v. Sierra Chemical Co. (Aug. 9, 2011 – 3d App. Dist.), a California Court of Appeal affirmed the trial court's order granting summary judgment in favor of Sierra Chemical and holding that the after-acquired evidence doctrine, as well as the equitable doctrine of "unclean hands," barred the plaintiff's claims for disability discrimination and failure to hire based on disability under California's Fair Employment and Housing Act.

Background

The plaintiff worked as a seasonal production line employee for Sierra Chemical. When he was initially hired, he presented a resident alien card and a Social Security card as identification. He also completed pre-hire paperwork, in which he identified his Social Security number. For several seasons, he was laid off at the end of the season, and then recalled. Each time he was recalled, he provided the same identification information. Ultimately, in 2005, he had accrued enough seniority to avoid being laid off that year.

In 2006, the plaintiff sustained an industrial injury, and was ultimately returned to work with restrictions. Later that year, he was injured at work again, and he filed a workers' compensation claim. In December 2006, Salas was notified of his layoff. When he was recalled in mid-2007, the plaintiff was told to bring a doctor's note releasing him to return to full duty in order to be rehired. According to the plaintiff, his supervisor advised that he could not return to work unless he was "100% recovered." The plaintiff did not return to work.

Instead, he filed a lawsuit against Sierra Chemical, asserting claims for disability discrimination in violation of California's Fair Employment and Housing Act and denial of employment in violation of public policy. The plaintiff asserted that the company failed to reasonably accommodate and failed to engage in the interactive process. The plaintiff also asserted that the company failed to rehire him in retaliation for his filing of a workers' compensation claim.

During the litigation, the plaintiff filed a motion advising the trial court that he intended to assert his Fifth Amendment right against self-incrimination in response to any questions regarding his immigration status. The company conducted discovery after this revelation, and learned that the Social Security number that the plaintiff had used to secure employment belonged to someone else. As a result, Sierra Chemical moved for summary judgment. While the trial court initially...