April 15, 2025 | Los Angeles, CA — MedLegalNews.com — An age and disability discrimination lawsuit has moved forward in California after a key ruling for workers’ rights. The Fourth District Court of Appeal has allowed Hermenegildo Gonzalez, a former employee of Blue Banner Co. Inc. (BB), to proceed with his claims of age discrimination, disability discrimination, retaliation, and wrongful termination.
Longtime Employee Claims Pattern of Retaliation
Gonzalez worked for the fruit-packing company for over 35 years. However, in 2019 and 2020, his employment became increasingly turbulent. After experiencing a slip and fall and back pain from a forklift accident, Gonzalez began reporting symptoms—though he initially declined employer-provided medical attention.
Soon after he disclosed his back pain to BB’s human resources team in February 2020, the disciplinary actions began to escalate. Within five weeks, BB issued multiple warnings and ultimately terminated Gonzalez, allegedly for a forklift safety violation. That same day, Gonzalez filed a formal complaint with the California Department of Fair Employment and Housing (DFEH) and received a right-to-sue letter. Age and Disability Bias Suit
Court Finds Sufficient Evidence of Discrimination
Blue Banner argued that Gonzalez was let go for a legitimate, non-discriminatory reason. However, both the trial judge and the appellate court disagreed. The court found Gonzalez had presented enough evidence to suggest:
- He was replaced by a much younger employee
- Other, younger employees were not disciplined for similar conduct
- His disciplinary history ramped up shortly after new management took over
Given these facts, the appellate panel determined that age discrimination could be a motivating factor behind the termination.
Disability and Workers’ Comp Retaliation Also at Issue
In addition to age, the court found strong indicators of disability discrimination and retaliation. Gonzalez notified BB of his work-related back injury just days before receiving two disciplinary notices and being fired. This close timing, combined with the nature of the infractions, suggested pretext.
Moreover, Gonzalez had filed a workers’ compensation claim shortly before the termination. The court agreed there was enough evidence for a jury to consider whether the firing was an act of retaliation against his protected activities.
Lawsuit Moves Forward
The case—Blue Banner Co. Inc. v. Superior Court (Gonzalez), No. E083453—remains unpublished but sets a notable example. Workers who face retaliation or termination soon after reporting injuries or asserting their rights may have strong legal grounds to pursue justice.
Full court opinion available here (Blue Banner v. Gonzalez).
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FAQs: Age and Disability Discrimination Lawsuit
What is an age and disability discrimination lawsuit?
An age and disability discrimination lawsuit involves claims by an employee who believes they were treated unfairly or terminated due to age or a medical condition, in violation of California’s Fair Employment and Housing Act (FEHA).
How does a California court determine discrimination in employment cases?
California courts review whether there’s credible evidence showing that an employer’s stated reason for termination was a pretext for bias, particularly in an age and disability discrimination lawsuit.
Can filing a workers compensation claim lead to retaliation?
While it is illegal, some employees allege retaliation after filing workers’ compensation claims. In an age and disability discrimination lawsuit, timing and sudden disciplinary actions often help demonstrate potential retaliation.
What should workers do if they suspect workplace bias?
Employees who suspect bias should document incidents, report the issue to HR, and consult an employment attorney experienced in age and disability discrimination lawsuits to explore their legal options.