Case details
Request to adjust hours due to disability led to discharge: intern
SUMMARY
$27000
Amount
Mediated Settlement
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In October 2006, plaintiff Christine McGuire, an intern with the Child Protective Services Department of the city and county of San Francisco, requested from her supervisor an accommodation for her muscular dystrophy, in which she would work 16 to 20 hours a week, and make up any hours she missed due to her condition. The internship, which McGuire began a month earlier, required her to log 24 hours a week. McGuire claimed that after making her request, CPS provided some temporary accommodations, but then rescinded them and terminated her internship in November 2006. McGuire sued the city and County of San Francisco. She alleged that the defendant’s actions constituted disability discrimination, failure to accommodate, failure to engage in the interactive process, and wrongful discharge. McGuire contended that when she requested the accommodation in October 2006, the staff at CPS became negative towards her. She claimed that while she received temporary accommodations for her condition, they were quickly rescinded, ultimately leading to her termination from the internship in November 2006. McGuire claimed that her action was covered by the Fair Employment and Housing Act, since the internship was a training program leading to gainful employment. Defense counsel denied that McGuire was discriminated against or released from the internship due to her disability. Instead, counsel contended that McGuire was terminated from the internship due to performance issues. Defense counsel filed a demurrer stating that, among other grounds, McGuire’s lawsuit was not covered by FEHA, because the plaintiff was not an employee of the city and county. The court sustained the demurrer without leave to amend two causes of action and granted leave to amend the FEHA claims. Thus, McGuire amended the complaint to allege she was in a training program covered by FEHA., McGuire sought recovery of an unspecified amount of economic damages for being terminated from the internship. She claimed her release caused a snowball effect in which she graduated later than she had originally planned and could not find a job as a social worker. McGuire also sought recovery of damages for her emotional distress, claiming the ordeal caused her to go back on antidepressants. Defense counsel contended that McGuire was terminated from the internship due to performance issues and, thus, was owed zero damages.
COURT
Superior Court of San Francisco County, San Francisco, CA
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