Case details
Handling of contract not related to consultant’s cancer: defense
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
breast cancer, emotional distress, mental, psychological
FACTS
On July 9, 2009, plaintiff Mary “Peggy” Ducey-Hardos was retained as an independent consultant by Los Angeles World Airports on a one-year contract to develop an aviation regionalization strategy. Specifically, Ducey-Hardos developed a plan to market Ontario International Airport, instead of Los Angeles International Airport, for Disneyland visitors. In February 2010, Ducey-Hardos disclosed she had been diagnosed with breast cancer. She claimed she was discriminated against because of her diagnosis and was also retaliated against. Ducey-Hardos sued Los Angeles World Airports, alleging discrimination based on her breast cancer disability and retaliation under the federal Rehabilitation Act, which incorporates many of the same standards as the Americans with Disabilities Act. In April 2010, Ducey-Hardos met to discuss her contract, which was expiring in July 2010. She claimed that it was agreed that she would be given a two-year contract, but that she was later informed that she would be given less time and money on her contract. Ducey-Hardos alleged that rather than a two-year $355,000 contract, her second contract was limited to one year and $149,000. She also alleged that the scope of her work, focusing on redistributing air traffic, was also scaled back. In addition, she alleged that approval for her second contract, which was to begin on July 1, 2010, was delayed, causing her to continue working for six months without a contract. Ducey-Hardos claimed that during the six months she was without a contract and not being paid, she had to delay her cancer treatment and almost lost her medical insurance. After Ducey-Hardos complained about the delay in her contract, the Board of Airport Commissioners approved her second contract on Jan. 10, 2011, and she was paid for her outstanding work. However, Ducey-Hardos claimed that her second contract was set to expire on July 8, 2011, rather than in July 2012. Thus, she alleged that Los Angeles World Airports’ decision not to seek a third consulting contract was based on disability discrimination and retaliation. Los Angeles World Airports denied Ducey-Hardos’ allegations of discrimination and retaliation, and specifically denied that any of its decisions were motivated by Ducey-Hardos’ diagnosis of breast cancer. It claimed that although there was administrative delay in obtaining final approval of Ducey-Hardos’ second consulting contract, its executive management tried to get Ducey-Hardos’ contract approved as quickly as possible and she was ultimately paid in full under both contracts. However, it claimed that at the conclusion of her second consulting contract, Ducey-Hardos had failed to make adequate progress on its strategic regionalization plan and it was determined she was not an effective liaison on regionalization issues. Thus, Los Angeles World Airports claimed it ultimately decided not to go out for a further solicitation for regionalization consulting services and did not hire another consultant to replace Ducey-Hardos., Ducey-Hardos claimed emotional distress as a result of the alleged discrimination and retaliation. Thus, she sought recovery of damages for her emotional distress as well as recovery of past and future lost wages and benefits, plus interest. Defense counsel denied Ducey-Hardos suffered any economic or other damages.
COURT
United States District Court, Central District, Los Angeles, CA
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