Johanna Bracy, Esq.

Disability

• Mediated an employment disability case alleging violations of FEHA and FMLA, including failure to accommodate, failure to engage in the interactive process, retaliation, and wrongful termination.

Discrimination

• Mediated an employment racial discrimination case in which employee alleged disparate treatment and retaliation after reporting of discrimination. Plaintiff alleged constructive termination as the reason she ended her employment.
• Mediated a racial and national origin discrimination claim by a former employee who claimed retaliation after she reported discriminatory treatment and was terminated. The claim included a potential attorney’s fee award.
• Mediated a racial discrimination claim by a high-level executive in a high-profile position. The claim included retaliation after the employee began to complain of discrimination. Employee also claimed constructive discharge as the reason for ending her employment.
• Mediated an age and gender discrimination employment case brought by older male employee against his younger female supervisors, alleging unfair performance standards and wrongful termination based on his age and gender.
• Mediated an employment discrimination case in which the employee alleged adverse employment actions and retaliation after taking family leave under the California Family Rights Act (CFRA).

Religious Discrimination

• Mediated a religious discrimination case regarding employee’s request for Sabbath day that differed from his employer’s, as well as employee requests for days off for family time. Employee claimed retaliation in the form of demotion and eventual termination.
• Mediated a religious discrimination employment case in which a terminated retail employee alleged discrimination and wrongful termination related to his Sabbath observance.
• Mediated a religious, race and national origin discrimination case in which a terminated employee alleged discrimination and wrongful termination related to current world events and the employee's race, national origin and religious observance.

Sexual Harassment

• Mediated an employment sexual harassment, sexual assault and retaliation claim by former employee, alleging hostile work environment and sexual assault/forcible rape by supervisor. Plaintiff alleged that she was harassed and then terminated after she reported the sexual assault to the company.
• Mediated a sexual harassment claim by a former employee who resigned after long-term employment, claiming constructive discharge. The claim included a potential attorney’s fee award.

Wrongful Term & Discrimination

• Mediated a case involving a high-level employee at a high-profile company, alleging gender discrimination, whistleblower retaliation and wrongful termination.
• Mediated a whistleblower retaliation and wrongful termination claim, including allegations of bullying and misogynistic language from a supervisor.
• Mediated employment case regarding claims of discrimination based on disability, failure to engage in the interactive process, failure to reasonably accommodate, retaliation and wrongful termination

Wrongful Termination

• Mediated a case involving a dismissal of union employee via collective bargaining agreement grievance and dismissal process. Issues included allegations of age discrimination and employee misconduct. Mediation involved further issues of administrative leave, employee benefits, and changed duties.
• Mediated a dispute regarding alleged wrongful termination, former employee misappropriation of proprietary information and abuse of former employer’s social media platforms.
• Mediated a disability discrimination employment case involving claims of failure to accommodate, failure to engage in the interactive process, discrimination based on disability, retaliation, and wrongful termination, as well as failure to produce documents in discovery.

Property Damage

• Mediated a property damage claim stemming from protruding tree roots on neighboring property, causing significant damage to commercial property and personal property; ongoing contentious relationship between neighboring businesses.

Home Owners Association

• Mediated a claim by HOA against homeowner and tenant over non-conforming structure erected on the property. HOA raised issues of compliance with CC&Rs, variance, recordation of variance, and specific performance.
• Mediated a claim by HOA against owner and tenant over alleged non-conforming use of property. HOA raised issues of compliance with CC&Rs, variance, recordation of variance, and specific performance.
• Mediated a claim by homeowners against HOA, alleging HOA financial mismanagement and tenant harassment; HOA brought cross-claim against tenant. Issues included compliance with CC&Rs, civil harassment and specific performance.
• Mediated a case involving an action for toxic mold personal injury by property owners against homeowners association, alleging negligence and violation of Davis-Sterling Common Interest Development Act. Case involved extensive out-of-pocket medical expenses.

Landlord/Tenant

• Mediated a case in which a landlord alleged nuisance caused by tenants. Tenants alleged habitability issues, retaliatory and constructive eviction, discrimination, and harassment.
• Mediated hundreds of unlawful detainer matters involving non-payment of rent, nuisance and breach of lease conditions.
• Mediated a mold contamination habitability claim by residential tenant against landlord.
• Mediated a landlord/tenant dispute involving allegations by tenants centered on wrongful eviction. Issues included nonpayment, proof of payment, nuisance, habitability, premises liability/personal injury, and adequacy of notice.
• Mediated a landlord-tenant dispute with claims centering on habitability issues and wrongful eviction. Defenses asserted included refusals by tenants to allow landlord to access the home and abate the habitability problems. Issues addressed in mediation included local tenant protection ordinances and non-payment of rent.
• Mediated a landlord-tenant matter involving tenant plaintiffs asserting discrimination, retaliation, harassment, breached warranty of habitability (broken windows, lock removal, and nonfunctioning heating), and violation of local tenant protection ordinance.
• Mediated a landlord-tenant matter with claims of discrimination retaliation and breach of warranty of habitability. Tenant alleged extensive water intrusion, leading to mold and subsequent structural damage and illness.

Real Estate Land Use

• Mediated a community land use dispute regarding issues of easements, use of public space, trespass, pollution, nuisance and infliction of emotional distress.
• Mediated a multiparty, complex community land use dispute with several community plaintiffs and multiple defendants. Highly contentious with significant telephonic negotiation.

PI Sexual Assault

• Mediated a personal injury sexual assault case involving allegations of unwanted touching of employee during urine testing.

Catastrophic Injury

• Mediated a personal injury claim related to shooting in a residential home attack. The shooting resulted in catastrophic bodily harm and the plaintiff claimed emotional distress that exacerbated preexisting mental illness.
• Mediated a personal injury claim related to facial trauma and deformity and traumatic brain injury resulting from automobile accident.

PI Auto

• Mediated a dispute related to a multi-car accident with extensive injuries, including traumatic brain injuries and injuries to minor children.
• Mediated a personal injury automobile accident case against city for alleged negligent road maintenance and failure to warn. Case involved eggshell plaintiff with significant pre-existing conditions.
• Mediated a personal injury auto case with many claimants and underinsured motorist at fault.
• Mediated a multi-car automobile accident involving an underinsured motorist, a serious traumatic brain injury, many other injuries, and multiple claimants with and without underinsured motorist insurance.

Policy Distribution

• Mediated a dispute over distribution of wrongful death proceeds related to the death of a child.

Premises Liability

• Mediated a case involving a traumatic brain injury and facial damage from a fall caused by a property defect in a rental home. Plaintiff already suffered from serious illness and disability before the fall.
• Mediated a personal injury case in a retail environment, involving extensive injuries including amputation and other permanent injuries.
• Mediated premises liability case involving laceration and nerve damage resulting from injury in a retail environment.
• Mediated a case involving a pedestrian injured by a car, resulting in severe injuries.