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NORTHERN CALIFORNIA RECORD

Wednesday, October 16, 2024

Former Employee Alleges Disability Discrimination Against Construction Company

State Court
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Bayron Ciles-Romero, a former employee of a construction company, has filed a lawsuit alleging disability discrimination and wrongful termination. The complaint was lodged by Bayron Ciles-Romero in the Superior Court of California, County of Santa Clara, on October 4, 2024, against DPR Construction Co. and unnamed defendants.

Ciles-Romero's case revolves around his employment with DPR Construction Co., where he worked as a taper journeyman from May 2020 until October 8, 2021. According to the complaint, Ciles-Romero suffered a work-related back injury on September 30, 2021. Despite reporting the injury to his supervisor and being instructed to file a report, he alleges that the company discouraged him from seeking medical attention and failed to provide any accommodations for his injury. The plaintiff asserts that he was forced to continue working despite his pain and was only allowed one day of light duty.

The lawsuit accuses DPR Construction Co. of multiple violations under the California Government Code §12940, including disability discrimination, failure to engage in an interactive process for accommodation, retaliation for reporting the injury, and wrongful termination in violation of public policy. Ciles-Romero claims that after informing his employer about his inability to work due to severe pain on October 8, 2021, he was terminated under the pretext that there was no work available for older employees. He further alleges that when he mentioned filing for disability benefits, his supervisors advised him against reporting his injury.

The plaintiff is seeking compensatory damages for loss of income and future earning capacity as well as general damages for emotional distress caused by the alleged discriminatory practices. Additionally, Ciles-Romero is pursuing punitive damages due to what he describes as malicious conduct by DPR Construction Co., along with attorneys' fees and costs associated with bringing this action forward.

Representing Bayron Ciles-Romero are attorneys Kevin Mahoney and Berkeh Alemzadeh from Mahoney Law Group APC. The case is presided over by Judge L. Ayala under Case No.: 24CV448822.

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