In this guide8 sections
In June 2025, a Santa Clara County jury awarded $9.15 million to a former senior marketing executive of a publicly traded Bay Area semiconductor company, finding he was harassed because of a disability and retaliated against. The award included $6 million in punitive damages. The case is a reminder that in California, mocking a coworker’s disability can be unlawful harassment, and punishing someone for complaining about it can be unlawful retaliation.
Key takeaways
- California’s Fair Employment and Housing Act (FEHA) bars disability harassment by employers of any size and retaliation for complaining about it (Gov. Code §12940(h), (j)).
- A harassment or retaliation claim can succeed even if a discrimination claim in the same case does not; the jury here found for the company on the discrimination claims.
- Punitive damages require clear and convincing evidence of oppression, fraud or malice, and for a company, involvement by an officer, director or managing agent (Civil Code §3294).
- Report harassment in writing, keep copies, and watch the three-year deadline to file with the California Civil Rights Department (CRD).
What the jury decided
News reports in June 2025 said the executive claimed he was repeatedly mocked by colleagues and senior leaders for using a cane after an injury, and that his supervisor admitted at trial to calling him “gimpy.” The employee also alleged that after he complained to HR, his termination was moved up rather than his complaint being investigated.
The company’s own filings with the U.S. Securities and Exchange Commission say the jury found for the employee on disability harassment and retaliation and for the company on age and disability discrimination and age-based harassment. The jury awarded about $3.2 million in compensatory damages and $6 million in punitive damages. The company said it disagreed with the verdict and planned to appeal, so the outcome may still change.
Disability harassment under California law
FEHA protects workers with physical and mental disabilities, defined broadly as conditions that limit a major life activity. Its harassment ban applies to any employer that regularly employs one or more people, and under §12940(j)(1) you don’t have to lose pay or a promotion to have a harassment claim. Nicknames, jokes about how you walk, comments about your age or appearance tied to your condition, and imitation of a limp or a mobility aid can all count when they are severe or pervasive enough to change your working conditions.
Your employer must take all reasonable steps to prevent harassment (§12940(k)), and a supervisor’s harassment can make the employer responsible. Learn more about disability discrimination and hostile work environments.
Retaliation after a complaint
Section 12940(h) bars firing or punishing you because you opposed or reported harassment or discrimination. Timing matters: being pushed out soon after an HR complaint, or having a planned departure date moved up, can be evidence of retaliation. See our guides on retaliation claims and being fired after complaining to HR.
Here is a hypothetical. Luis, a warehouse supervisor, starts using a knee brace after surgery. His manager calls him “Hopalong” in team meetings. Luis emails HR, and two weeks later he’s told his position is being eliminated, though a new supervisor is hired soon after. Luis may have claims for harassment, failure to prevent harassment and retaliation.
When punitive damages are available
Under Civil Code §3294, a jury can award punitive damages only if the worker proves by clear and convincing evidence that the employer acted with oppression, fraud or malice. For a corporate employer, an officer, director or managing agent must have authorized or ratified the conduct, committed it, or knowingly kept an unfit employee. Evidence that senior leaders joined in, excused or ignored the harassment can be central. Punitive awards are uncommon and depend heavily on the facts.
Steps to protect yourself
- Write down each incident with the date, words used and witnesses.
- Report in writing to HR or the person your policy names, and keep a copy.
- Request accommodations in writing if your condition limits your work; see reasonable accommodations.
- Track the deadline. A CRD complaint is generally due within three years of the last harm, and you have one year after a right-to-sue notice to file a lawsuit.
Frequently asked questions
Is joking about someone’s injury really harassment?
It can be. Under FEHA, repeated or serious mocking of a disability, including a temporary injury that limits a major life activity, can create a hostile work environment.
Can I win a retaliation claim if I can’t prove discrimination?
Yes, in many cases. Retaliation is a separate claim; it focuses on whether you were punished for complaining, not on whether the underlying conduct is proven.
What if I only told my supervisor, not HR?
A report to a supervisor can still put the employer on notice. Following up in writing to HR creates a clearer record.
Does a large verdict mean my case is worth a similar amount?
No. Every case turns on its own facts, evidence and damages. See how employment cases are valued.
Talk to a California employment lawyer
Employees First Labor Law represents workers exclusively in disability harassment, discrimination and retaliation cases across California. We offer free virtual consultations to review what happened and your options. Contact us or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
