This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
FEHA
Age and Race Discrimination

Fidel Joshua v. City and County of San Francisco

Published: Jan. 3, 2020 | Result Date: Aug. 9, 2019 | Filing Date: Dec. 9, 2014 |

Case number: 3:14-cv-05394-JD Settlement –  $660,000

Judge

James Donato

Court

USDC Northern District of California


Attorneys

Plaintiff

Jocelyn Burton
(Burton Employment Law)


Defendant

Andrew M. Gschwind
(Santa Clara Valley Water District)


Facts

In 2015, the City and County of San Francisco reorganized its Parks and Recreation Department. Part of the reorganization included eliminating Fidel Joshua's and Jerry Jack's employment positions as "3284 Recreation Directors." After their termination, Joshua and Jack filed lawsuits against the City and County. The district court consolidated them into a single action.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendant's reorganization of the Parks and Recreation Department, though facially neutral, had a disparate impact on African Americans and individuals over 40 years old, in violation of Title VII of the federal Civil Rights Act of 1964, the federal Age Discrimination in Employment Act, and the California Fair Employment and Housing Act.

DEFENDANT'S CONTENTIONS: Defendant contended that its reorganization was a legitimate government action that did not have a disparate impact on African Americans or workers over 40 years old.

Result

The parties reached a settlement agreement. The City and County of San Francisco agreed to pay $460,000 to Fidel Joshua and $200,000 to Jerry Jack.


#133617

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390