Donald Calkin, Gordon Clark, Silvia David, Sally Foster, John Higgins, Janet Lacampagne, Kenneth Sanchez, Colleen Sullivan, Lee Sullivan v. City and County of San Francisco
Published: Apr. 18, 2015 | Result Date: Feb. 3, 2015 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-02584-JCS Settlement – $360,754
Court
USDC Northern
Attorneys
Plaintiff
Jocelyn Burton
(Burton Employment Law)
Defendant
Terence J. Howzell
(Office of the Palo Alto City Attorney)
Facts
Donald Calkin, Gordon Clark, Silvia David, Sally Foster, John Higgins, Janet Lacampagne, Kenneth Sanchez, Colleen Sullivan, and Lee Sullivan sued the City and County of San Francisco, alleging unlawful employment discrimination based on disability or perceived disability.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they worked for the city as police officers and/or Sergeant. The city established the Deferred Retirement Option Program, or DROP, for certain members of the San Francisco Employees Retirement System Police Plans. However, employees otherwise eligible for DROP were not permitted to participate if they became disabled for the period of disability. Plaintiffs alleged that they were eligible for DROP but were not permitted to participate because of a disability or perceived disability in violation of the Americans with Disabilities Act and Civil Rights Act under Section 1983. Plaintiffs contended that such conduct also constituted discrimination in violation of California laws.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiffs' substantive allegations and asserted various affirmative defenses.
Result
Plaintiffs Colleen Sullivan and Silvia David reached a $360,754 settlement with the city. The city had previously settled the lawsuit as to plaintiffs Calkin, Foster, Lacampagne and Sanchez. Meanwhile, plaintiffs Lee Sullivan and Higgins decided to dismiss their respective claims in the lawsuit.
Other Information
FILING DATE: May 18, 2012.
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