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Termination claims dismissed, but invasion of privacy was not

October 2024 employment law letter
Authors: 

Mark Schickman, Schickman Law

The University of California (UC) acted almost perfectly, investigating claims of professorial misconduct while responding appropriately to disability accommodation requests. But they shared their concerns—and employee private matters—with the press. Will that doom their attempt to get out of litigation?

Disability accommodation requests

The UC Regents hired Blake Wentworth in 2012 as an assistant professor in the UC Berkeley department of South and Southeast Asian Studies. The essential job functions of a professor are teaching, research, and service to the department and profession. Assistant professors like Wentworth receive an appraisal called a midcareer review after seven semesters of work, before being considered for tenure after 11 semesters.

In June 2014, Wentworth wrote to Jeffrey Hadler, who was the department chair at the time, explaining he was late in submitting his review statement because his marriage was in jeopardy. He said he was suffering but would pull through. In February 2015, he was hospitalized after attempting to commit suicide. The next day, his mother told Hadler he would be back at work the following week.

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