A former employee has filed a lawsuit against a major grocery chain, alleging multiple violations of employment law. On December 27, 2024, David Otero submitted a complaint to the Superior Court of California in Santa Clara County against Whole Foods Market California, Inc., claiming discrimination and retaliation under the Fair Employment and Housing Act (FEHA) and other related grievances.
David Otero, the plaintiff in this case, accuses his former employer, Whole Foods Market California, Inc., of several unlawful employment practices. The complaint outlines that Otero was discriminated against due to his disability—a category protected under FEHA—and faced adverse actions such as termination and denial of promotions. According to the filing, these actions were compounded by Whole Foods' failure to provide reasonable accommodations or engage in a good faith interactive process regarding his disability needs. Otero also claims that after he reported or resisted discriminatory conduct and requested accommodations under the Family Medical Leave Act (FMLA), he experienced retaliation leading to further adverse employment consequences.
The lawsuit alleges that Whole Foods was aware of both the discrimination and retaliation but failed to take appropriate steps to prevent them. The complaint includes eight causes of action: discrimination in violation of FEHA, failure to prevent discrimination, retaliation in violation of FEHA, failure to prevent retaliation, wrongful termination in violation of public policy, failure to engage in a timely good faith interactive process under FEHA, failure to provide reasonable accommodation under FEHA, and retaliation in violation of California Labor Code section 1102.5.
Otero seeks various forms of relief from the court. He is asking for compensatory damages for lost wages and benefits as well as emotional distress caused by the alleged wrongful acts. Additionally, he requests punitive damages due to what he describes as malicious conduct by Whole Foods. Otero also demands statutory penalties and attorney's fees as part of his compensation package. His legal representation is led by Lawrence W. Freiman from Freiman Legal.
The case is presided over by judges at the Superior Court for the State of California in Santa Clara County with Case ID 24CV455158. The plaintiff's legal counsel is Lawrence W. Freiman from Freiman Legal.