Facts

Donald Calkin and a group of other plaintiffs filed suit against the City and County of San Francisco, seeking monetary damages and injunctive relief for violations of the Americans with Disabilities Act.

In 2008, San Francisco established the Deferred Retirement Option Program. Under DROP, eligible employees of the San Francisco Police Dept. could elect to have monthly service retirement allowances posted to a DROP account, while they continued to work with their current position and received salary and benefits.

However, to be eligible for DROP, certain conditions needed to be met.

PLAINTIFF'S CONTENTIONS:
Plaintiffs claimed that they were denied eligibility to participate in DROP based on mental and physical disabilities. Plaintiffs asserted causes of action for discrimination on the basis of disability, violation of the Civil Rights Act, failure to engage in the interactive process, and failure to accommodate disability.

DEFENDANT'S CONTENTIONS:
Defendants denied plaintiffs' allegations, and asserted various affirmative defenses including failure to state a claim, failure to exhaust administrative remedies, and failure to mitigate.

Result

The parties settled as to plaintiffs Donald Calkin, Sally Foster, Janet Lacampagne and Kenneth Sanchez for $862,500.