After he was fired, Plaintiff Stephan Pardi ? a licensed respiratory care practitioner ? prevailed in a union arbitration on grievances relating to claims of disability discrimination and harassment by his employer, Kaiser Permanente. Shortly thereafter, Kaiser reported Pardi to the applicable California state regulatory body ? the Respiratory Care Board (RCB) for entering false times on patients? charts ? which Kaiser admitted it did not regularly do when it found alleged violations of other? employees.? Thereafter, ?Kaiser, ?Pardi, ?and the Union signed a severance agreement under which Kaiser paid Pardi money and agreed to accept his resignation in exchange for a release of claims. Several months later, the RCB requested information from Kaiser about its allegations against Pardi. Kaiser did not inform the RCB that it changed Pardi?s termination to a resignation and it produced complaints that were not part of its investigation leading to termination of Pardi?s employment. The RCB then suspended Pardi?s certification and required him to undergo a psychiatric evaluation before renewing it. Additionally, Kaiser ignored requests from a potential employer and from Pardi?s attorney to verify his employment leading the employer not to consider Pardi for a position. The Ninth Circuit reversed summary judgment for the employer ruling that a trial was necessary to determine whether Kaiser?s post-settlement conduct breached the settlement agreement and constituted retaliation against Pardi in violation of the ADA. Finding that the Supremacy Clause prevented state law from impairing a federal claim?? under? ?the? ?ADA,? ?the? ?Court? ?rejected Kaiser?s claims that a state ?litigation privilege? protected? its? communications? with? the? RCB. The Court affirmed dismissal of Pardi?s intentional infliction of emotional distress and intentional interference with Prospective Economic? Advantage? for? lack? of? evidence. Pardi v. Kaiser Permanente Hospital, Inc., No. 02-16447 (Nov. 15, 2004; Wallace, McKeown, Moskowitz sitting by desig. from S.D. Cal.).