Confidential
Settlement – $40,000Judge
Court
Riverside Superior
Attorneys
Plaintiff
Defendant
Facts
In 1986, Plaintiff, a 42-year-old special education school teacher working for the Riverside School District, injured her back while in the course and scope and picking up a student. Her doctor released her to return to work with restriction in July of 1987. The school district refused to place her, indicating to her that, unless a doctor allowed her to return with no restrictions, she would not be reinstated. Although the school district claimed that Plaintiff could not return to work as a teacher, the State Teachers Retirement System made a finding that Plaintiff could return to her former position with reasonable accommodations. The school district still refused to reinstate Plaintiff. In January of 1989 Plaintiff retained Defendant attorney to get her job back and to obtain back pay. Defendant filed a claim with the Office of Civil Rights who found that discrimination had occurred and ordered that she be reinstated. No money was received, and no claims were properly filed with EEOC or FEHA. Defendant filed an action in Federal Court under EEOC and was dismissed by stipulation wherein the school district raised the Eleventh Amendment as a complete defense against the action.
Settlement Discussions
Offers and or demands, exchanged prior to this result, were not disclosed.
Specials in Evidence
$52,000
Damages
Additional damages claimed were attorney fees and benefits of approximately $10,000.
Other Information
A prior arbitration by retired Judge Elwood M. Rich resulted in a Plaintiff's award in the amount of $59,097; trial de novo by Defendant.
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