Case details

Plaintiff: Employers prevented him from taking medical leave

SUMMARY

$60000

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In March 2014, plaintiff Kellan Dunn, a museum guard at the de Young Museum, sustained an injury on the job, resulting in musculoskeletal disabilities. He eventual applied for medical leave under the California Family Rights Act as a reasonable accommodation for his disabilities in 2015. However, Dunn claimed his employers interfered with his right to go on medical leave by failing to timely provide the legally required notices; delaying the processing of his application for medical leave; threatening him with discipline for taking medical leave; failing to keep his medical information private; conditioning the grant of his medical leave on providing a doctor’s note for each absence, despite his doctor’s certification of his need for intermittent medical leave; and using his protected absences as a negative factor in his performance review and in denying him a promotion. Dunn sued the City and County of San Francisco, Fine Arts Museums of San Francisco and Corporation of Fine Arts Museums, as integrated enterprises and/or joint employers. Dunn alleged that the defendants’ actions constituted disability discrimination, failure to engage in the interactive process, failure to accommodate, failure to prevent violations of the Fair Employment and Housing Act, FEHA retaliation, and California Family Rights Act retaliation and interference. Dunn claimed that his employers’ actions violated his disability rights under the Fair Employment and Housing Act in part by conditioning the provision of reasonable accommodation on the receipt of an authorization of release of all of his confidential medical information and/or further certification by his doctor, despite him having previously provided sufficient medical documentation to support of his request for reasonable accommodation., Dunn deferred recovery of his economic damages to his workers’ compensation claim, and sought recovery of damages for his pain and suffering from the alleged exacerbation of his physical disabilities and his alleged emotional distress as a result of the alleged violations of his FEHA and CFRA rights.
COURT
Superior Court of San Francisco County, San Francisco, CA

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