A woman with asthma who sued Petco Health and Wellness Co. Inc., alleging she was wrongfully fired in 2023 because of her condition by a manager who said she did not did not think asthma is a disability, must have an arbitrator rather than a jury decide her claims, a judge has ruled.
Krystyn Moody’s Los Angeles Superior Court lawsuit alleges disability discrimination, failure to accommodate and engage in the interactive process, retaliation, failure to prevent discrimination and retaliation and intentional infliction of emotional distress. On Tuesday, Judge Tony L. Richardson granted Petco’s motion to compel binding arbitration, rejecting Moody’s claim that the arbitration agreement she signed was unfairly drafted in favor of the company.
The judge put the case on hold pending the outcome of the arbitration and scheduled a status conference for Nov. 12. In their previous court papers, defense attorneys denied Moody’s allegations.
According to Moody’s suit, she was hired as a sales associate at the Unleashed by Petco store on Spring Street in Long Beach in January 2023 with a longtime background in animal care. The manager of the store at the time told Moody the plaintiff would likely take over her job if she left, the suit states.
The manager indeed left two weeks later, but another person was brought in to take her job, so the plaintiff informed the incoming manager that she has severe and chronic asthma and also provided a doctor’s note as support information, the suit states.
Moody carried an inhaler and kept an oxygen tank in her car in case the inhaler was insufficient, the suit brought last Aug. 8 states.
But at least three times, the new manager told Moody that asthma is not a disability, according to the suit, which further states that the manager at least once disallowed the plaintiff from going to her car to access the oxygen tank, endangering Moody’s life.
Moody was hospitalized in March 2023 for three days because of her asthma and the manager “appeared annoyed” when the plaintiff called, asking how long before she returned, the suit states. When Moody returned to work, she refused the manager’s demand that she take a leave of absence, according to the suit.
A month later, Moody also refused the manager’s demand she resign, the suit states.
“Plaintiff was shocked as (the manager) asked her to sign a form that she was resigning due to her asthma,” the suit states.
Moody was subsequently fired, according to the suit.