In cases like this, where the insured does not dispute that the settlement adequately compensated her damages, a pro rata apportionment requires the insurer to account for its fair share of the attorney fees by reducing the amount of reimbursement to cover some portion of those fees.
Under the FEHA, the failure to accommodate and the failure to engage in the interactive process in determining a reasonable accommodation for a known physical disability are separate claims. Once a reasonable accommodation has been granted, the employer has a duty to provide that accommodation. Failure to do so, even on a single occasion, can support a cause of action for damages sustained by the failure as this is in line with the intent of the FEHA and the public policies behind the provision.
In regards to negligence claims. No civil action will stand where a claimant alleges facts that place the claim squarely within the purview of workers' compensation statutes, and fails to allege facts negating the exclusivity rule.
[Unpublished] The equitable tolling doctrine does not allow Plaintiff to forego a timely filing of a court action or other proceeding to seek formal redress of injury, within the statutory periods set by the Act.
[Unpublished] An inability to work with one's supervisor does not establish the requisite limitation on the major life activity of employment necessary to constitute an actionable disability under FEHA.