Case details

City fired employee who was recovering from surgeries: suit

SUMMARY

$425000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2017, plaintiff Matthew Papuga, a structural engineer for the city of San Diego, was terminated from his position. Papuga previously suffered from a skiing incident in 2008, and took a leave of absence while he underwent back surgeries, which included spinal fusions. After he returned to work, a supervisor requested that he undergo a drug test, which detected valium in Papuga’s system. As a result, Papuga was fired. Papuga sued the city of San Diego, alleging that the city’s actions constituted disability discrimination, a failure to accommodate and national origin discrimination, all in violation of California’s Fair Employment and Housing Act. Papuga claimed that he was prescribed valium for recovery from his spinal surgeries. He also claimed that his doctors opined that the medicines would not affect his ability to do his job. In addition, Papuga claimed that a supervisor of Persian descent discriminated against him because the supervisor wanted to hire and keep as many employees of Persian ancestry as possible and that since he is not Persian, the supervisor terminated him. Papuga’s counsel contended that before Papuga returned to work, his doctors had informed him and the city that Papuga could work while taking valium to control spinal cord spasticity and that the medication would not in any way impair Papuga’s work. Counsel asserted that city officials should have worked with Papuga to determine how he could complete his work and take his required medicines, instead of terminating him., Papuga worked as a structural engineer for the city for more than 28 years. He claimed that after his skiing , he could have taken disability, but he chose to keep working. He also claimed that he had planned to retire in late 2018, but that he was terminated before that. As a result, Papuga alleged that he suffered emotional distress. Papuga sought recovery for his lost wages and emotional pain and suffering.
COURT
Superior Court of San Diego County, San Diego, CA

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