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Employment Law
Disability Discrimination
Failure to Accommodate

Jeffrey Juarez v. City and County of San Francisco, and Does 1 through 20, inclusive

Published: Jul. 2, 2021 | Result Date: Jun. 2, 2021 | Filing Date: Sep. 1, 2016 |

Settlement –  $45,000

Judge

Ethan P. Schulman

Court

San Francisco County Superior Court


Attorneys

Plaintiff

Frank S. Moore
(Law Office of Frank S. Moore)

Suzy C. Moore
(Law Offices of Suzy C. Moore)


Defendant

Jonathan C. Rolnick
(Office of the San Francisco City Attorney)


Facts

Jeffrey Juarez experienced multiple work injuries with prior employers starting from November 2017, when he fell off a truck on his kneecap which caused some instability in his knee since that period of time. During his employment with Department of Public Works for the City and County of San Francisco, Juarez alleged he was rarely issued protective gear. Juarez also alleged he made it known to his supervisors he had an injured knee and requested time off for surgery. After his surgery, he alleged that DPW supervisors failed to provide Juarez breaks for his knee and often pushed him to do other jobs, such as those that required four men to complete, instead of being on light duty. Juarez would be sent a Notice of Release from Probationary Appointment informing him of a Non-Disciplinary Release with no restrictions on his future employment with the CCSF. Juarez filed an administrative complaint with the Department of Fair Employment and Housing against CCSF. Juarez then brought an action in Superior Court alleging CCSF engaged in employment discrimination.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended defendants did not provide reasonable accommodations when defendants knew he had a knee injury. Plaintiff also contended defendants refused to accommodate him by failing to provide proper equipment. Plaintiff also contended defendants refused to accommodate him by understaffing jobs assigned to him and furnishing him work vehicles and equipment in poor condition. Plaintiff contended defendants created a hostile work environment by harassing him based on his disability. Plaintiff contended as a result of defendants failure to provide accommodations and discriminatory conduct, he lost income, benefits, and experience. Plaintiff also contended defendants retaliated against him for reporting disability discrimination.

DEFENDANTS' CONTENTIONS: Defendants denied all of the contentions.

Result

The parties settled for $45,000.


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