A woman who sued Forever 21 Inc. alleging she was forced to resign from her part-time sales associate job earlier this year at the West Covina store after some managers ridiculed the plaintiff for her multiple health issues has agreed to have an arbitrator rather than a jury decide her claims.
Patricia Hess' Pomona Superior Court lawsuit alleges wrongful constructive termination, hostile work environment harassment, disability discrimination, failure to accommodate and failure to engage in the interactive process. On Wednesday, the attorneys filed joint court papers with Judge Peter A. Hernandez in which they said all sides had agreed to binding arbitration of Hess' case.
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The judge said he will maintain jurisdiction of the lawsuit in case he is needed to enforce, modify, or vacate any arbitration award.
Hess was hired as a sales associate in June 2022 and initially worked a minimum of 15 hours weekly, then up to 20 hours a week by the time she left the company, the suit states. Hess informed management that she took prescription medication for multiple disabilities and chronic health conditions, including panic attacks, migraine headaches and juvenile rheumatoid arthritis, according to the suit brought Aug. 24.
About a week after she spoke with managers about accommodations, Hess was "shocked" to receive a call asking her to fill out paperwork for a leave of absence, which she had not requested, the suit states. The managers said they would approve her leave until her chronic illnesses went away, even though Hess told them that chronic illnesses do not simply vanish, the suit states.
The next week, Hess' hours were reduced and one of the managers ridiculed the plaintiff for taking frequent water and restroom breaks, according to the complaint.
A new manager was hired in October 2022 who allowed Hess to sit on the floor when picking up and folding clothes in order to limit her need to bend, but that boss left and two new managers hired early this year were less sympathetic, berating her during a meeting for sitting on the floor in front of customers, according to the suit.
The experience triggered the plaintiff's anxiety, causing her to leave the meeting in tears, the suit alleges.
Exhausted with management's alleged refusal to accommodate her and instead constantly berate and micromanage her, Hess resigned May 5, according to the suit, which further states the plaintiff has experienced significant earnings and work-related benefit losses and has also suffered physical injuries and emotional distress.
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