Zamora v. Security Industry Specialists

Filed 9/30/21 Certified for Publication 10/28/21 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

DAVID ZAMORA, H044008 (Santa Clara County Plaintiff and Appellant, Super. Ct. No. 12CV233674)

v.

SECURITY INDUSTRY SPECIALISTS, INC.,

Defendant and Respondent.

David Zamora sued his former employer, Security Industry Specialists, Inc. (SIS), under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.)1 for employment discrimination based on physical disability, failure to make a reasonable accommodation, failure to engage in the interactive process, retaliation, wrongful termination, and other claims after SIS laid him off while he was recovering from an industrial injury. The trial court granted summary adjudication of all but two causes of action. The parties later stipulated to dismiss the remaining claims, and the court entered judgment for SIS. In this appeal, Zamora challenges the trial court’s summary adjudication of his disability discrimination, retaliation, wrongful termination in violation of FEHA, and

1 Undesignated statutory references are to the Government Code.

wrongful termination in violation of public policy claims. Our de novo review of the record demonstrates that summary adjudication was improperly granted with respect to Zamora’s disability discrimination and wrongful termination claims, but that summary adjudication in favor of SIS was appropriate with respect to Zamora’s retaliation claim. We will therefore reverse the judgment and remand the matter for further proceedings in the trial court. I. FACTS

At all relevant times, SIS provided security staffing services to major corporations, including Apple Computer, Inc. (Apple) and other technology companies. SIS hired Zamora as a “standard deployment field supervisor” assigned to Apple’s main campus in Cupertino, California. He started on May 26, 2010. His duties included supervising mobile officers and security specialists on his shift, responding to security calls and client requests, conducting shift briefing meetings, evaluating and administering discipline to subordinates, driving, and providing “security for top-level employees.” Zamora testified that the physical requirements of the job included walking four to six hours per day, standing seven hours a day, climbing (including onto the roof), stooping, bending, kneeling, and lifting up to 50 pounds. SIS employed 19 supervisors at Zamora’s worksite. The supervisors reported to watch commanders, and according to Zamora, there were three watch commanders, one for each shift. The watch commanders in turn reported to the site manager, Marty Vaughn. On June 2, 2010—eight days after he was hired—while running to answer a medical call with four coworkers, Zamora tripped over a curb, twisted his left knee, heard a loud popping noise, and “immediately experienced severe pain in his left knee.” Zamora claims his supervisor, Watch Commander Jim Mazon, witnessed the incident. Zamora told Mazon he was having pain in his left knee, and Mazon suggested he ice the