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Employment Law
Disability Discrimination
Wrongful Termination

Sholanda Fuller v. County of Alameda, et al.

Published: Dec. 18, 2020 | Result Date: Dec. 6, 2019 |

Case number: RG18897631 Settlement –  $650,000

Judge

Patrick Jon Zika

Court

Alameda County Superior Court


Attorneys

Plaintiff

Daniel P. Iannitelli
(Liberation Law Group PC)

Arlo G. Uriarte
(Liberation Law Group PC)


Defendant

Kate S.M. Pitzak
(Foster Employment Law)

Michael W. Foster
(Foster Employment Law)


Facts

Plaintiff Sholanda Fuller was hired in 2006 by the County of Alameda as an employee for Temporary Assignment Pool. In the Spring of 2016, plaintiff applied for a permanent Food Services Position. In September 2016, she was conditionally offered the position pending medical evaluation. Plaintiff suffers from sleep apnea, a condition of which defendants were aware. Despite plaintiff passing her medical evaluation, the offer for a permanent position was placed on hold for several months and ultimately revoked.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged she was wrongfully terminated due to her disability or perceived disability. Plaintiff's medical condition required Defendants to provide her with rest periods. However, Defendants County of Alameda failed to accommodate or engage in
interactive process and ultimately terminated Plaintiff on the basis of her disability or perceived disability.

DEFENDANT'S CONTENTIONS: Defendants denied plaintiff's allegations, stating that plaintiff did not request an accommodation nor did she need one. Defendants further alleged the County of Alameda had legitimate non-discriminatory/non-retaliatory business reasons for ending plaintiff's employment.

Result

The case settled for $650,000.


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