New England Biz Law Update
A former Google sales manager has sued the company in California state court, alleging discrimination, retaliation, accommodation failures, and wrongful termination tied to parental leave, disability accommodations, and medical leave.
The lawsuit, filed by a former employee who worked at Google for nearly 13 years, alleges problems began after he took leave following the birth of his second child.
After returning in early 2023, the employee received a lower-than-expected performance review despite allegedly meeting two conditions that company policy said could warrant an “N/A” rating: 1) recently returning from leave, and 2) experiencing a change in management. The complaint alleges the rating affected compensation, commissions, and stock awards.
According to the complaint, the employee raised concerns about performance management practices with HR, arguing that the rating process violated company guidelines. The suit alleges those concerns were not addressed.
Accommodation disputes
The employee further alleges that his new manager failed to honor previously approved accommodations related to ADHD, anxiety, and high blood pressure. According to the complaint, although accommodations limited his working hours to between 7 a.m. and 6 p.m., his manager repeatedly scheduled meetings outside that window, including late-night and early-morning meetings.
According to the complaint, adverse treatment included exclusion from meetings, reduced involvement in management functions, and repeated questions about whether the employee could continue performing his role while maintaining accommodations.
Medical leave and termination
The employee took medical leave beginning in late 2023. According to the filing, Google notified the employee while he was still on leave that his position would be eliminated as part of a broader restructuring, with termination ultimately occurring in August 2024. The lawsuit alleges the employee was replaced by a younger direct report who did not have similar restrictions.
The complaint includes claims under California law related to discrimination, harassment, retaliation, failure to accommodate and failure to engage in the interactive process, violations of the California Family Rights Act, whistleblower retaliation, and wrongful termination.
Considerations for employers
The allegations illustrate how leave management, accommodations, performance management, and restructuring decisions can become intertwined when employees take protected leave.
The case also underscores the importance of applying parental leave practices consistently across genders, particularly when evaluating performance, advancement opportunities, and return-to-work expectations.
