Cheryl McElwain v. Kaiser Foundation Hospitals, Southern California Permanente Medical Group Inc., Kaiser Foundation Health Plan Inc.
Published: Mar. 4, 2017 | Result Date: Dec. 21, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00768685-CU-WT-CJC Verdict – $307,762
Court
Orange Superior
Attorneys
Plaintiff
Helen U. Kim
(Helen Kim Law, APC)
J. Bernard Alexander III
(Alexander Morrison + Fehr LLP)
Defendant
Janine S. Simerly
(Miller Law Group)
Kerry McInerney Freeman
(Cozen O'Connor)
Facts
Plaintiff worked for defendants as a nurse manager at Kaiser Permanente Orange-Irvine Medical Center and an ambulatory nurse manager. Plaintiff filed suit against defendants following her termination.
Kaiser Foundation Health Plan Inc. was later dismissed from the lawsuit.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she requested to be transferred from her night shift as nurse manager to a day shift as an accommodation following hospitalization for a health condition related to severe reflux exacerbated by working the night shift. Rather than transferring her, defendants forced plaintiff to go on medical leave. During that time, plaintiff applied for many positions within Kaiser for which she was passed over. Eventually, she was assigned a day shift as an ambulatory nurse manager. However, plaintiff contended that this position was used by defendants as a way to force her out because they claimed she lacked the minimum qualifications, eventually terminating her after two negative performance evaluations.
She asserted causes of action against defendants for failure to engage in a good faith interactive process in violation of FEHA, discrimination in violation of FEHA, failure to accommodate in violation of FEHA, retaliation in violation of FEHA, and wrongful termination in violation of public policy.
DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations and argued that plaintiff did not have a disability. Even if she did have a disability, defendants argued that they tried to accommodate plaintiff but that she did not meet the minimum qualifications for her position.
Settlement Discussions
Plaintiff made a demand for $2.5 million and the defense offered $250,001.
Result
The jury returned a verdict for plaintiff, awarding her $307,762.
Other Information
FILING DATE: Jan. 28, 2015.
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