Facts

Beverly Myres worked as a workers' compensation analyst for the San Francisco Housing Authority. She suffered a knee injury at work and underwent an arthroscopic knee surgery in February 2010. As a result, she received workers' compensation leave. On May 19, 2010, she went back to work on a part-time basis with work restrictions that limited walking. In June 2010, she was terminated from her employment.

Myres subsequently sued the Housing Authority, claiming they failed to accommodate her disability.

Defendant denied any wrongdoing in the matter.

PLAINTIFF'S CONTENTIONS:
Myres alleged that defendant should have, but failed to involve itself in the interactive process with her and did not provide her with appropriate accommodations. She claimed defendant's executive director harassed her and defendant discriminated against her based on her taking protective leave for her disability, retaliated against her, and unlawfully fired her. In particular, she claimed that defendant ignored her doctor ordered work restrictions and required her to walk to and from her workplace station many times a day to access a copier and a fax machine.

Plaintiff contended that because defendant forced her to walk, she sustained damage to her other knee. She argued that the Housing Authority planned to fire her in retaliation for taking leave after she initially injured herself at work.

DEFENDANT'S CONTENTIONS:
Defendant contended that it provided Myres with all of her requested accommodations and that she only had to walk a nominal amount, which caused no harm. Defendant claimed that Myres did not suffer any discrimination or pervasive or severe harassment at work.

Defendant also contended that plaintiffs termination was due to a restructuring in which Myres' entire department was laid off except the human resources manager, and Myres retired after her lay off.

Settlement Discussions

Plaintiff made a demand for $300,000, and defendant offered to waive costs.

Damages

Myres asked for three years of back pay and seven years of lost earnings, asserting that she made $81,000. Defendant contended that plaintiff's retirement pension and disability benefits more than offset her claimed earnings loss.

Injuries

Myres claimed she suffered emotional distress, a knee jury and aggravation to a pre-existing injury.

Result

The jury awarded Myres $35,000 for emotional distress on her disability harassment and discrimination claim. The jury found in favor of defendant on Myres' other claims.

Other Information

Post-trial, both parties will ask for attorney fees, and defendant will move for judgment notwithstanding the verdict regarding the jury's award to Myres.

Deliberation

two days

Length

15 days