California Department of Fair Employment and Housing v. Vanguard Car Rental USA
Published: May 1, 2010 | Result Date: Sep. 2, 2009 | Filing Date: Jan. 1, 1900 |Case number: C 07-08-063 Settlement – $70,000
Court
Fair Employment and Housing Commission
Attorneys
Plaintiff
Annmarie Billotti
(Department of Fair Employment and Housing)
Alexandra R. Seldin
(California Department of Fair Employment and Housing)
Defendant
Facts
Sandra Stewart worked for defendant Vanguard Car Rental (Vanguard) for 12 years before being diagnosed with a permanent work-related physical condition that affected her mobility. She filed for workers compensation. On the day she settled her claim, Stewart took a year-long unpaid leave of absence. After the absence, Steward did not return to work for Vanguard. The Department of Fair Employment and Housing (DFEH) filed an accusation on Stewart's behalf against Vanguard.
Contentions
PLAINTIFF'S CONTENTIONS:
DFEH argued that prior to Stewart's forced leave of absence, Vanguard ignored her transfer request and refused to accommodate her disability in another position. Allegedly, Vanguard told her that she could not work for them so long as she had her medical condition. After her leave of absence, Vanguard refused to honor her many requests to return to work.
DEFENDANT'S CONTENTIONS:
Vanguard claimed that the leave of absence was necessary as it could not accommodate Stewart's work restrictions. Vanguard further contended that plaintiff's injuries rendered her unable to perform the essential work functions of her position.
Result
The parties settled the claim, which originated in 2007; however, Vanguard made no admission of liability or wrongdoing. Vanguard agreed to pay $70,000. Also, Vanguard had to revise and redistribute its discrimination policies, post DFEH posters at its sites, and provide disability discrimination training to its California managers.
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