Facts

Lloyd O'Neal, a sheet metal worker, was injured in a motorcycle accident in 1992 and needed to take disability leave because of an injury to his left shoulder. In 2000, he was medically cleared and he returned to work. In 2008, O'Neal applied for a position with the City of San Francisco as a Temporary Exempt As-Needed 7376 Sheet Metal Worker in the Dept. of Public Works. He interviewed for the position and was ranked highly among the candidates. The city made him a conditional offer of employment, and O'Neal accepted.

Shortly after, O'Neal took a required medical exam, where it was discovered that he could not fully raise his left arm. However, he informed the nurse that his condition did not limit his ability to do his job as a sheet metal worker. The city instructed O'Neal to request whatever accommodations he would need, but O'Neal repeatedly informed them that he did not need any.

In January 2009, the city withdrew its offer of employment, concluding that O'Neal was not able to do the job because of his medical limitations. O'Neal then sued the city.

PLAINTIFF'S CONTENTIONS:
O'Neal contended that his physical disability caused the city to withdraw its offer of employment, claiming that therefore the city had committed disability discrimination. He also claimed that the city had failed to provide reasonable accommodation for his physical disability, and had failed to engage in the interactive process.

DEFENDANT'S CONTENTIONS:
The city asserted various affirmative defenses, arguing that O'Neal had failed to state a claim and that the statute of limitations for his claim had already passed. The city also claimed qualified immunity, equitable defense, failure to exhaust administrative remedies, and that it had taken reasonable steps to remedy any discrimination. The city also claimed that O'Neal had failed to mitigate his damages and that he had failed to interact in good faith.

Result

The parties settled for $185,000.