Francisca Moralez v. Elaine L. Chao, U.S. Department of Labor, Employment Standards Administration
Published: Dec. 6, 2008 | Result Date: Oct. 3, 2008 | Filing Date: Jan. 1, 1900 |Case number: C07-3807 (EDL) Settlement – $365,000
Court
USDC Northern
Attorneys
Plaintiff
Michael S. Sorgen
(Law Office of Michael S. Sorgen)
Defendant
Facts
After working for 10 years, plaintiff Francisca Moralez, 47, resigned from her employment with the defendant US Department of Labor. Moralez was a compliance officer in the Office of Federal Contract Compliance Programs (OFCCP), Oakland. Moralez's duties included investigating discrimination complaints, conducting compliance evaluations, and providing compliance assistance to federal contractors. Moralez resigned in May 2006 and applied for disability retirement, which was approved in September 2006.
Contentions
PLAINTIFF'S CONTENTIONS:
Moralez contended that she was forced to resign because the defendant would not make accommodations for her rheumatoid arthritis. Moralez argued that she and others were discriminated against because of her disability and that this created a hostile workplace. Moralez requested several measures, including a motorized scooter and reinstatement of flextime program where she worked from home for several days a week, but she was denied on all of them.
DEFENDANTS' CONTENTIONS:
The defendants countered that Moralez did not provide the proper documentation in order to accommodate her requests. The defendants stated that they took all the proper measures in order to accommodate once they were aware of the problem.
Damages
Moralez sought economic damages suffered from allegedly being forced to retire at age 47, when she had intended to work until age 65. She claimed this forced retirement caused her to lose pension benefits, and to live on her pension rather than what she would have earned had she continued working. Moralez also sought non-economic damages.
Injuries
Moralez claimed injuries, including emotional distress for which she underwent therapy.
Result
Moralez accepted a total settlement of $365,000.
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