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Lukov v. Schindler Elevator Corp., No. 12-17695 (February 24, 2015)

Articles Discussing Case:

Ninth Circuit Overturns Summary Judgment Issued in Favor of Employer in Retaliation Case

Ogletree Deakins • May 04, 2015
Lukov v. Schindler Elevator Corp., No. 12-17695 (February 24, 2015): In an unpublished decision, the Ninth Circuit recently overturned summary judgment granted to an employer on the plaintiff’s retaliation claims. William Lukov worked as an elevator mechanic for Schindler Elevator Corporation. While employed by Schindler, Lukov reported a safety issue with a department store’s elevator to the California Division of Occupational Safety and Health (DOSH). Several months after he complained, Schindler laid off Lukov off as part of a reduction in force. Lukov sued for retaliation in violation of California Labor Code sections 1102.5 and 6310. Labor Code section 6310 prohibits an employer from discharging an employee who has “made any oral or written complaint to [DOSH].” Labor Code section 1102.5 protects employees from retaliation for disclosing a violation of statute or law to a governmental agency.