CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that Automobile Club of Southern California discriminated against Lisa Fowler under Labor Code section 132a. The Board found Fowler failed to establish a prima facie case of discrimination because her termination resulted from her failure to return to work after being released by her physician, in accordance with a uniformly applied company attendance policy. The employer's witness testified that work-related and non-work-related leaves were treated the same. Therefore, Fowler was not singled out for disadvantageous treatment compared to similarly situated employees.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that Automobile Club of Southern California discriminated against Lisa Fowler under Labor Code section 132a. The Board found Fowler failed to establish a prima facie case of discrimination because her termination resulted from her failure to return to work after being released by her physician, in accordance with a uniformly applied company attendance policy. The employer's witness testified that work-related and non-work-related leaves were treated the same. Therefore, Fowler was not singled out for disadvantageous treatment compared to similarly situated employees.
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