Facts

Independent Living Resource (ILR) of Contra Costa County hired Derrick Ross, who is quadriplegic, to work as a transitions services coordinator in its Fairfield offices in May 2007. After Ross filed a lawsuit alleging disability discrimination against Sacramento Basketball Town LLC in 2006, the sports facility closed in September 2007. The facility stated the lawsuit's costs as the reason for its closure, and Ross' name and title at ILR were identified in a news article. Ross was subsequently terminated from employment two days later.

PLAINTIFF'S CONTENTIONS:
Ross filed suit against ILR, alleging wrongful termination in violation of public policy and retaliation in violation of the Americans with Disabilities Act of 1990, California Labor Code, and the Unruh Act.

DEFENDANT'S CONTENTIONS:
ILR denied the allegations, and contended that Ross was laid off due to financial problems in the company, decided before the publicity about his lawsuit. ILR stated that from September 2007 to February 2008, ILR had laid off half of its employees.

Damages

Ross sought damages for past and future lost earnings, emotional distress, and attorney fees.

Result

The Court ordered that the Wrongful Termination in Violation of Public Policy claim was to be tried first to the jury, and that the Court thereafter would issue a ruling on the Americans with Disabilities Act ("ADA") retaliation claim. The jury rendered a verdict for the defense on the wrongful termination claim. Prior to a ruling on the ADA retaliation claim, the case settled for $55,000.

Deliberation

1.5 hours

Length

five days