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Employment Law
ADA
Failure to Provide Reasonable Accommodation

Rocio Guarniz Palacios v. City and County of San Francisco, and Does 1 to 100

Published: Apr. 12, 2019 | Result Date: Nov. 1, 2018 | Filing Date: Jan. 4, 2017 |

Case number: CGC-17-556267 Settlement –  $50,000

Judge

Teri L. Jackson

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Arkady I. Itkin
(Law Office of Arkady Itkin)


Defendant

Amy D. Super
(Office of the San Francisco City Attorney)


Facts

Rocio Guarniz Palacios sued the City and County of San Francisco in relation to defendant's termination of her employment.

Contentions

PLAINTIFF'S CONTENTIONS: Palacios alleged violations of the Fair Employment and Housing Act relating to discrimination she faced due to her disability, refusal to provide accommodations, and failure to provide meal and rest breaks pursuant to the California Labor Code. Palacios claimed she suffered three fractured ribs in a workplace incident and was terminated during her period of recovery.

DEFENDANT'S CONTENTIONS: Defendant claimed Palacios was terminated for ongoing poor performance, rather than any discriminatory or retaliatory reason as Palacios alleged. Defendant also claimed accommodations were made for Palacios to return to work to perform tasks her injury would allow, and she was to be transferred to a new position accommodating her before she was ultimately terminated.

Result

The parties reached a settlement, with the City and County of San Francisco agreeing to pay $50,000 to Palacios.


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