This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
FEHA
Failure to Accommodate

California Department of Fair Employment and Housing v. Avis Budget Group Inc., a Delaware Corporation

Published: Nov. 13, 2010 | Result Date: Oct. 19, 2010 | Filing Date: Jan. 1, 1900 |

Settlement –  $89,864

Court

Fair Employment and Housing Commission


Attorneys

Plaintiff

Gregory J. Fisher

Nelson H. Chan
(California Civil Rights Department)

Annmarie Billotti
(Department of Fair Employment and Housing)


Respondent

Paula E. Champagne


Facts

Eleanor Reed worked as a customer service representative for Avis Budget Group at its San Francisco Airport location. In June 2006, Reed requested reasonable accommodation of a six-hour shift for post-traumatic stress disorder, which she had been previously granted without issue. Subsequently, Avis placed Reed on unpaid leave, requesting medical documentation. Reed provided the documentation requested, but would not agree to a complete release of her medical records that included psychiatric records of past sexual and physical abuse. Avis determined the documentation Reed provided was inadequate, requesting she provide full medical records as well as submit to the company's doctor for an evaluation. Five months following Reed's leave, Avis granted the accommodation, placing Reed on a reduced work schedule. Reed was laid off with three other employees the following month.

Contentions

PLAINTIFF'S CONTENTIONS:
The Department of Fair Employment of Housing filed suit against Avis on Reed's behalf, alleging unlawful inquiries into employees disabilities, failure to engage in the interactive process, denial of a reasonable accommodation, and discrimination.

Result

The Fair Employment and Housing Commission found in favor of the Department, awarding damages of $89,864.


#100147

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390