Prado v. Federal Express Corporation

Filing 201

VERDICT FORM Signed by Judge Paul S. Grewal on October 2, 2014 (psglc2S, COURT STAFF) (Filed on 10/2/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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JOSE A. PRADO,
Plaintiff,

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v.

FEDERAL EXPRESS CORPORATION,
Defendant.

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Case No. 5:12-cv-03945-PSG
VERDICT FORM

Case No. 5:12-cv-03945-PSG
VERDICT FORM

VERDICT FORM

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Part A.

AMERICANS WITH DISABILITY ACT (“ADA”)

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Disability Discrimination

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1. Did Jose Prado have a disability?

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___________
Yes

___________
No

2. Could Mr. Prado perform the essential functions of a part-time-handler position
with or without reasonable accommodation?

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United States District Court
For the Northern District of California

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___________
Yes

___________
No

3. Did Mr. Prado suffer an adverse employment action by Federal Express
Corporation?
___________
Yes

___________
No

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4. Was Mr. Prado’s disability a motivating factor that prompted the adverse
employment action?
___________
Yes

___________
No

If your answer to any or all of Questions 1, 2, 3, or 4, is “No,” then please proceed to Question 11.
If your answer to Questions 1, 2, 3 and 4 is “Yes,” please proceed directly to Question 5.
5. Was FedEx’s decision to take adverse employment action against Mr. Prado also
substantially motivated by a lawful reason?
___________
Yes

___________
No

If your answer to Question 5 is “No,” then please proceed to Question 7. If your answer to
Question 5 is “Yes,” please proceed directly to Question 6.
6. Would FedEx have made the same decision to take adverse employment action
against Mr. Prado even if Mr. Prado’s disability had played no role in FedEx’s
decision?
___________
Yes

___________
No

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Please proceed to Question 7.
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Failure to Accommodate Disability
7. Was FedEx an employer?
___________
Yes

___________
No

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8. Was Mr. Prado an employee of FedEx?
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United States District Court
For the Northern District of California

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___________
Yes

___________
No

If your answer to either Question 7 or 8, or both, is “No,” then please proceed to Part B. If your
answer to both Questions 7 and 8 is “Yes,” please proceed directly to Question 9.
9. Did Mr. Prado have a disability?
___________
Yes

___________
No

If your answer to Question 9 is “No,” then please proceed to Part B. If your answer to Question 9
is “Yes,” please proceed directly to Question 10.
10. Did FedEx know of Mr. Prado’s disability?

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___________
Yes

___________
No

If your answer to Question 10 is “No,” then please proceed to Part B. If your answer to Question
10 is “Yes,” please proceed directly to Question 11.
11. Was Mr. Prado able to perform the essential job duties with reasonable
accommodation for his disability?

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___________
Yes

___________
No

If your answer to Question 11 is “No,” then please proceed to Part B. If your answer to Question
11 is “Yes,” please proceed directly to Question 12.
12. Did FedEx fail to provide reasonable accommodation for Mr. Prado’s disability?
___________
Yes

___________
No

If your answer to Question 12 is “No,” then please proceed to Part B. If your answer to Question
12 is “Yes,” please proceed directly to Question 13.

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13. Was FedEx’s failure to provide reasonable accommodation a substantial factor
in causing harm to Mr. Prado?

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___________
Yes

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___________
No

Please proceed to Part B.
Part B.

FAIR EMPLOYMENT AND HOUSING ACT (“FEHA”)

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Disability Discrimination

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14. Did Mr. Prado have a disability?

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United States District Court
For the Northern District of California

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___________
Yes

___________
No

15. Could Mr. Prado perform the essential functions of a part-time-handler position
with or without reasonable accommodation?
___________
Yes

___________
No

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16. Did Mr. Prado suffer an adverse employment action by FedEx?
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___________
Yes

___________
No

17. Was Mr. Prado’s disability a substantial motivating reason that prompted the
adverse employment action?
___________
Yes

___________
No

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If your answer to any or all of Questions 14, 15, 16 or 17 is “No,” then please proceed to Question
20. If your answer to Questions 14, 15, 16 and 17 is “Yes,” please proceed directly to Question 18.
18. Was FedEx’s decision to take adverse employment action against Mr. Prado also
substantially motivated by a lawful reason?
___________
Yes

___________
No

If your answer to Question 18 is “No,” then please proceed to Question 20. If your answer to
Question 18 is “Yes,” please proceed directly to Question 19.

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19. Would FedEx have made the same decision to take adverse employment action
against Mr. Prado even if Mr. Prado’s disability had played no role in FedEx’s
decision?
___________
Yes

___________
No

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Please proceed to Question 20.
Failure to Accommodate

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20. Was FedEx an employer?

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___________
Yes

___________
No

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United States District Court
For the Northern District of California

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21. Was Mr. Prado an employee of FedEx?
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Yes

___________
No

If your answer to either Question 20 or 21, or both, is “No,” then please proceed to Question 27. If
your answer to both Questions 20 and 21 is “Yes,” please proceed directly to Question 22.
22. Did Mr. Prado have a disability?
___________
Yes

___________
No

If your answer to Question 22 is “No,” then please proceed to Question 27. If your answer to
Question 22 is “Yes,” please proceed directly to Question 23.

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23. Did FedEx know of Mr. Prado’s disability?
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___________
Yes

___________
No

If your answer to Question 23 is “No,” then please proceed to Question 27. If your answer to
Question 23 is “Yes,” please proceed directly to Question 24.
24. Was Mr. Prado able to perform the essential job duties with reasonable
accommodation for his disability?

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___________
Yes

___________
No

If your answer to Question 24 is “No,” then please proceed to Question 27. If your answer to
Question 24 is “Yes,” please proceed directly to Question 25.

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25. Did FedEx fail to provide reasonable accommodation for Mr. Prado’s disability?
___________
Yes

___________
No

If your answer to Question 25 is “No,” then please proceed to Question 27. If your answer to
Question 25 is “Yes,” please proceed directly to Question 26.
26. Was FedEx’s failure to provide reasonable accommodation a substantial factor
in causing harm to Mr. Prado?
___________
Yes

___________
No

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Please proceed to Question 27.
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United States District Court
For the Northern District of California

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Failure to Engage in the Interactive Process
27. Was FedEx an employer?
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Yes

___________
No

28. Was Mr. Prado an employee of FedEx?

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___________
Yes

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No

If your answer to either Question 27 or 28, or both, is “No,” then please proceed to Question 34. If
your answer to both Questions 27 and 28 is “Yes,” please proceed directly to Question 29.
29. Did Mr. Prado have a disability?
___________
Yes

___________
No

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If your answer to Question 29 is “No,” then please proceed to Question 34. If your answer to
Question 29 is “Yes,” please proceed directly to Question 30.
30. Did Mr. Prado make known to FedEx that he needed a reasonable
accommodation for his disability so that he would be able to perform the
essential job functions?

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___________
Yes

___________
No

If your answer to Question 30 is “No,” then please proceed to Question 34. If your answer to
Question 30 is “Yes,” please proceed directly to Question 31.

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31. Was Mr. Prado willing to participate in an interactive process to determine
whether reasonable accommodation could be made so that he would be able to
perform the essential job functions?
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Yes

___________
No

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If your answer to Question 31 is “No,” then please proceed to Question 34. If your answer to
Question 31 is “Yes,” please proceed directly to Question 32.
32. Did FedEx fail to participate in a timely, good-faith interactive process with Mr.
Prado to determine whether reasonable accommodation could be made?
___________
Yes

___________
No

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United States District Court
For the Northern District of California

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If your answer to Question 32 is “No,” then please proceed to Question 34. If your answer to
Question 32 is “Yes,” please proceed directly to Question 33.
33. Was FedEx’s failure to participate in a good-faith interactive process a
substantial factor in causing harm to Mr. Prado?
___________
Yes

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No

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Please proceed to Question 34.
Failure to Prevent Discrimination
34. Did FedEx fail to take all reasonable steps to prevent unlawful discrimination
against Mr. Prado?
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Yes

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No

If your answer to Question 34 is “No,” then please proceed to Part C. If your answer to Question
34 is “Yes,” please proceed directly to Question 35.
35. Was FedEx’s failure to prevent unlawful discrimination a substantial factor in
causing harm to Mr. Prado?

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___________
Yes

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No

Please proceed to Part C.

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Part C.

PUBLIC POLICY

Discharge or Displacement Without Pay in Violation of Public Policy

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36. Was FedEx an employer?

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___________
Yes

___________
No

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United States District Court
For the Northern District of California

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If your answer to Question 36 is “No,” then please proceed to Part D. If your answer to Question
36 is “Yes,” please proceed directly to Question 37.
37. Was Mr. Prado discharged or displaced without pay?
___________
Yes

___________
No

If your answer to Question 37 is “No,” then please proceed to Part D. If your answer to Question
37 is “Yes,” please proceed directly to Question 38.
38. Was Mr. Prado’s disability a substantial motivating reason for FedEx’s decision
to discharge or displace him without pay?
___________
Yes

___________
No

If your answer to Question 38 is “No,” then please proceed to Part D. If your answer to Question
38 is “Yes,” please proceed directly to Question 39.
39. Did the discharge or displacement without pay cause Mr. Prado harm?
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Yes

___________
No

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If your answer to Question 39 is “No,” then please proceed to Part D. If your answer to Question
39 is “Yes,” please proceed directly to Question 40.
40. Has FedEx proved that its decision to take adverse employment action against
Mr. Prado, including his discharge or displacement without pay, was also
substantially motivated by a lawful reason?
___________
Yes

___________
No

If your answer to Question 40 is “No,” then please proceed to Part D. If your answer to Question
40 is “Yes,” please proceed directly to Question 41.

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41. Has FedEx proved that it would have made the same decision to take adverse
employment action against Mr. Prado, including his discharge or displacement
without pay, even if Mr. Prado’s disability had played no role in FedEx’s
decision?
___________
Yes

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No

Please proceed to Part D.
Part D.

DAMAGES

If you answered “No” as to any or all of Questions 5, 6, 18, 19, 40 or 41 or if you answered “Yes”
as to any or all of Questions 13, 26, 33 or 35 please proceed directly to Question 42. Otherwise,
stop here, answer no further questions, and have the foreperson sign and date this form.
42. What are Mr. Prado’s damages?

United States District Court
For the Northern District of California

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a. Past economic loss:

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Lost earnings:

$________________

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Medical expenses:

$________________

Other past economic loss:

$________________

Total Past Economic Damages:

$________________

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b. Future economic loss:
Lost earnings:

$________________

Medical expenses:

$________________

Other past economic loss:

$________________

Total Future Economic Damages:

$________________

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c. Past noneconomic loss, including
physical pain/mental suffering:

$________________

d. Future noneconomic loss, including
physical pain/mental suffering:

$________________

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TOTAL:

$________________

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Please proceed to Question 43.
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Case No. 5:12-cv-03945-PSG
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