Facts

Plaintiff Tania X. Garcia worked at the Electrical Industry Service Bureau, Inc. ("EISB") in San Francisco for four years as a data entry clerk. EISB is an administrator for employee benefit plans for union electricians in San Francisco. Garcia suffers from eczema, which she claimed caused her skin to crack and bleed. Her psychological social worker certified her as disabled to the State and notified the employer plaintiff was ill and unable to work. Garcia went on unpaid medical leave on Oct. 26, 2004. During the period of her leave, Garcia did not see a physician for her eczema.

On the 90th day of her leave, Jan. 24, 2005, EISB fired her by mail and shipped her belongings. The termination letter stated that her disability leave had exceeded 90 days, the permissible time allotted under the collective bargaining agreement. Ms. Garcia claimed she received no warning and that she made an effort to obtain reinstatement which was refused. Ms. Garcia's union refused to take her case to arbitration under the collective bargaining agreement citing the agreement provision as to leaves which were not to exceed 90 days.

Result

The jury unanimously found for plaintiff on disability discrimination, retaliation, failure to prevent discrimination, failure to accommodate and failure to engage in interactive process. The jury awarded Garcia $153,680 in past lost wages and benefits and economic damages and $200,000 in non-economic damages, totaling $353,680.

Poll

unanimous; 11-4 (amount of damages)