When Employers Cross the Line: Protecting Employees’ Rights Under the Law

Case Summary (Wentworth v. Regents of the University of California, Case No. A168296, Filed Sept. 30, 2024):

This case sheds light on critical violations by employers that every employee should be aware of, particularly concerning disability accommodations, privacy, and retaliation under California law.

Blake Wentworth, a professor at UC Berkeley, sued the Regents of the University of California, alleging violations of the Fair Employment and Housing Act (FEHA, Gov. Code § 12940) and the Information Practices Act (IPA, Civ. Code § 1798). His case demonstrates how employees can suffer when their employer fails to respect their rights under anti-discrimination laws and privacy protections.

1. Failure to Provide Reasonable Accommodation or Engage in the Interactive Process (Gov. Code § 12940):

In February 2015, Wentworth, who disclosed he had bipolar II disorder, attempted suicide and was hospitalized. After returning to work, his employer did not provide adequate accommodations for his disability. Instead, the university delayed meaningful accommodations, criticized his performance, and resisted options that would have allowed him to continue teaching effectively.

California law requires employers to engage in a timely, good faith interactive process with employees who disclose disabilities. Employers must also provide reasonable accommodations unless doing so imposes an undue hardship. If your employer ignores your disability-related needs or imposes unreasonable conditions, this could be a violation of your rights.

2. Breach of Privacy (Civ. Code § 1798 et seq.):

The Regents leaked sensitive information about Wentworth’s medical condition and student complaints against him to the media and publicly disclosed details about his mental health during a meeting. California law prohibits employers from disclosing private, sensitive information about employees without authorization. If you believe your employer has shared private details about your medical history or disciplinary records, you may have a claim under the Information Practices Act.

Key Legal Violations to Note:

• Gov. Code § 12940: Protects employees from disability discrimination and requires reasonable accommodations.

• Civ. Code § 1798.24: Bars state agencies from disclosing personal information unless certain exceptions apply.

• Labor Code § 1198.5: Grants employees the right to inspect and copy their personnel records.

3. Retaliation and Adverse Actions:

After Wentworth asserted his rights, the university escalated its actions by removing him from teaching, initiating dismissal proceedings, and ultimately denying him reappointment. California’s FEHA prohibits retaliation against employees for requesting accommodations or reporting violations of their rights.

Key Dates and Events:

• November 2014: Informal complaints are raised against Wentworth. He discloses his diagnosis of bipolar II disorder.

• February 2015: Wentworth is hospitalized after a suicide attempt. The university delays appropriate accommodations.

• March 2016: The San Francisco Chronicle publishes an article revealing internal university complaints against Wentworth, based on information leaked by the employer.

• April 2016: Department leaders disclose details of Wentworth’s medical and disciplinary history in a public meeting.

What This Means for Employees:

If your employer:

• Refuses or delays providing reasonable accommodations for a disability,

• Discloses your private medical or employment information without consent, or

• Retaliates against you for asserting your rights,

You may have legal recourse under California’s robust employee protection laws.

Take action. If you believe your rights have been violated, don’t wait. Consulting with an employment attorney can help protect your rights, hold employers accountable, and ensure you receive the accommodations and respect you deserve.

For a free consultation, contact WorkRight Law at (562) 760-8803 or visit WorkRightLaw.com. Let us help you stand up to injustice and fight for your rights.