A lawsuit filed against the Walt Disney Co. by a Fullerton man who alleges he was wrongfully fired from his guest relations job for seeking accommodations for a disability should be transferred from Los Angeles to Orange County, Disney attorneys argue in new court papers.
Branden Bartilet, 54, brought his lawsuit in Los Angeles Superior Court on Jan. 3, alleging wrongful termination, harassment, retaliation, discrimination and intentional infliction of emotional distress. He began work as a cashier in Fantasyland at Disneyland in Anaheim in 2017 and says he lost his job two days before Christmas of 2023.
Bartilet contends the company refused to grant him requested accommodations for his alleged inability to stand for long periods.
“According to plaintiff’s own complaint, all of the allegedly unlawful acts forming the basis for his lawsuit occurred in Orange County,” the Disney lawyers contend in their pleadings filed Tuesday with Judge Alison Mackenzie in advance of a March 13 hearing on the change-of-venue motion. “Nonetheless, in a clear attempt to forum shop, plaintiff chose to initiate this suit in the … Los Angeles Superior Court.”
Bartilet actually was terminated for overall performance issues, including violations of company policy, according to the Disney lawyers’ court papers.
Bartilet says Disney began its alleged discriminatory and harassing conduct after the plaintiff became part of the guest relations team in 2022. He contends that he was reprimanded by his supervisors the next year for using his assistive device, forcing him to stand for the rest of that day’s shift and worsen his disability.
“He was constantly told that he was not allowed to use mobility aids during work and harassed because he needed an accommodation during work,” the suit states. “By refusing to allow plaintiff to use his mobility device, defendants failed to accommodate plaintiff and caused him physical pain and suffering.”
The plaintiff contends he was fired Dec. 23, 2023 for requesting accommodations.
“Notably absent from plaintiff’s complaint is any allegation of any wrongful act that occurred outside of Orange County,” Disney attorneys state in their court papers. “Nor does plaintiff anywhere allege that his supervisors or anyone involved in the decision to terminate his employment worked anywhere but Orange County.”