Carmen Cortes v. County of Santa Clara
Published: May 6, 2017 | Result Date: Oct. 5, 2016 | Filing Date: Jan. 1, 1900 |Case number: 5:11-cv-03645-EJD Verdict – Defense
Court
USDC Northern
Attorneys
Plaintiff
Dow W. Patten
(Smith Patten)
Defendant
David M. Rollo
(Office of the Santa Clara County Counsel)
Facts
Carmen Cortes sued the County of Santa Clara in connection with her allegedly wrongful termination.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff worked for the county as an auditor-appraiser. She had sensitivities to odors in the office and suffered from allergies, which affected her job performance. She requested accommodation, but was, instead disciplined and subjected to adverse employment actions such as suspensions in 2009 and 2010. Eventually, the county fired her for allegedly failing to meet performance quotas that other non-Hispanic workers were not required to meet.
Plaintiff sued the county, alleging wrongful termination in violation of the FEHA as well as causes of action for age discrimination, disability discrimination, retaliation, and failure to engage in the interactive process. Plaintiff contended that her alleged failure to meet the made-up quotas was pre-textual.
DEFENDANT'S CONTENTIONS:
Plaintiff was allegedly fired for consistently failing to meet work expectations.
Injuries
Cortes suffered from emotional distress.
Result
Several of Cortes' claims were eventually dropped and, in 2013, the district court entered judgment in favor of the county. On appeal, the Ninth Circuit revived her discrimination claim. Ultimately, the jury rejected her arguments and rendered a defense verdict.
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