Cathie Konyen was employed by Lowe’s Home Centers, LLC, and held various positions in its stores located in Reno, Nevada, San Jose, California, and Newburgh, New York, over a period spanning at least thirteen years. She alleged in a Federal District Court case pending in a Nevada that Defendant Lowe’s Home Centers, LLC, violated her rights under the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (“ADA”) and corresponding state laws by discriminating against her and retaliating against her on the basis of her disability.

Konyen worked in Lowe’s Reno store as an Installed Sales Coordinator from March 2014 to January 2016. In April 2015, Konyen experienced back pain and sought treatment. She was given temporary work restrictions, which Lowe’s accommodated.

In January 2016, Cathie Konyen’s husband, Gary Konyen, who was also employed by Lowe’s, was transferred to Lowe’s East San Jose, California store. Cathie and Gary moved to San Jose, and Cathie was hired as an Installed Sales Coordinator in Lowe’s South San Jose store. In February 2016, Cathie Konyen sought medical care in San Jose. She completed accommodations paperwork and received accommodations lasting one year in the San Jose store.

In April 2018, Cathie Konyen moved with her husband to New York, and Cathie Konyen was hired as an Appliance Sales Specialist at Lowe’s New York store. Cathie Konyen sought accommodations again. Lowe’s granted Cathie Konyen workplace accommodations from at least December 2018 through April 11, 2019.

After receiving the 2019 Accommodation Forms, Lowe’s employees reviewed Cathie Konyen’s restrictions and the Flooring Sales Specialist position requirements and determined that Cathie Konyen would be unable to do half of the key responsibilities of the position and that Lowe’s would be unable to meet her scheduling needs. However, they could meet her accommodations in other store positions at a lower pay. Cathie Konyen failed to decide if she would take these positions, so was placed on leave.

On June 21, 2019, Cathie Konyen began a new position at a different company. She applied for this position while she was still employed at Lowe’s and when she had not yet been placed on leave.

Cathie Konyen dual-filed a charge of discrimination with the Equal Employment Opportunity Commission and the Nevada Equal Rights Commission on February 3, 2020. Cathie Konyen filed this federal Complaint in December 2022. In her Complaint, she alleges three categories of claims: (1) disability discrimination in violation of the ADA and state law, (2) retaliation in violation of the ADA and state law, and (3) a breach of state contract law.

Substantial evidence obtained during discovery indicated that Cathie Konyen’s husband Gary forged the 2019 Accommodation forms provided to Lowe’s, and that Cathie Konyen knew about this forgery. Gary invoked the Fifth Amendment and refused to answer any deposition questions.

Defendant moved for terminating sanctions, and summary judgment as to each of Plaintiff’s claims. The Court found that Plaintiff knowingly submitted fraudulent documentation to Defendant in 2019, and this documentation is the basis for her EEOC Charge and the claims in her Complaint. Accordingly, the Court found that Cathie Konyen had engaged in willful deception and bad faith conduct.

When a party has engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings, dismissal is an available sanction because “courts have inherent power to dismiss an action when a party has willfully deceived the court and engaged in conduct utterly inconsistent with the orderly administration of justice.” See Leon v. IDX Sys. Corp., 464 F.3d 951, 958 (9th Cir. 2006) (citing Anheuser-Busch, Inc. v. Nat. Beverage Distributors, 69 F.3d 337, 348 (9th Cir. 1995)). (NOTE that both of these 9th Circuit decisions are controlling law here in California.)

Defendant’s motion for terminating sanctions and summary judgment was granted as to terminating sanctions, and summary judgment is granted in the alternative, in the case of Konyen v Lowe’s Home Centers, LLC, Case No. 3:22-cv-00538-MMD-CLB – United States District Court District of Nevada (July 2025)