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Employment Law
FEHA
Failure to Accommodate

Anjanette Maraya-Ramey v. City of San Diego Commission for Arts & Culture

Published: Nov. 5, 2021 | Result Date: Oct. 12, 2021 | Filing Date: Dec. 18, 2018 |

Case number: 37-2018-00063718-CU-OE-CTL Settlement –  $105,000

Judge

Joel R. Wohlfeil

Court

San Diego County Superior Court


Attorneys

Plaintiff

Connie A. Broussard
(Broussard Law)


Defendant

Erin D. Kilcoyne
(Office of the San Diego City Attorney)


Facts

Anjanette Maraya-Ramey is a Filipino-American woman. In 2017, Maraya-Ramey endured a miscarriage, and survived a brain hemorrhage. In 2018, she was diagnosed with Leukemia, and underwent aggressive chemotherapy. She has also been diagnosed with post-traumatic stress disorder, severe depression, involuntary muscle movements, and impaired blood supply to her pituitary gland. Maraya-Ramey was employed as the executive director for San Diego's Commission on Arts and Culture program. After she left her position at the city's public art program, she sued the City of San Diego for workplace harassment under the Fair Employment and Housing Act .

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant retaliated against her when she complained about workplace harassment, and further contended that her supervisors demoted her, denied her reasonable accommodations, and limited her opportunities for advancement. Plaintiff contended that the problems began when plaintiff's supervisors made rude, hostile, and inappropriate comments, including that no minority groups met the commission qualifications for financial help, and that supervisors invoked racial stereotypes and minimized the importance of diversity. Plaintiff contended she was mistreated because she is a Filipino woman that suffers from post-traumatic stress disorder, severe depression, involuntary muscle movements, and impaired blood supply to her pituitary gland. Plaintiff also contended that, after her miscarriage, she was assigned to different duties when she returned from a leave. Plaintiff further contended that when she requested to work from home part-time during recovery from a brain hemorrhage, she was denied, while other employees were granted requests to work from home. Plaintiff further contended that supervisors demanded plaintiff to notify them about medical appointments one week in advance and that she send texts to clock in and clock out. In a second complaint, plaintiff contended that supervisors shut off her city-funded cell phone, making it impossible to meet the requirement that she text to clock in and out of work.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

The case settled for $105,000.


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