While this employee workers' compensation injury may still be in dispute, her civil claim for discrimination claims have been dismissed. Her failure to disclose to her employer her neck, shoulder, and elbow injuries, which were not obvious, thus failing to meet the her prima facie claim for disability discrimination. (It should also provide a very good defense to the workers' compensation claim too!)
The court found employee's termination for cause-failing to provide a part to a client's specifications on a multimillion dollar project-.was consistent and not a pretext for age-related animus.
Mendez could not establish a claim for disability discrimination when she admitted she had not disclosed her neck, shoulder and elbow injuries to her supervisors or to the company's human resources department; claimed her injuries were not apparent or obvious; and that none of the individuals involved in the termination decision knew about them.