Peter Misthos v. City and County of San Francisco, and Does 1-50, inclusive
Published: Jul. 12, 2024 | Result Date: Mar. 15, 2024 | Filing Date: Jul. 28, 2022 |Case number: CGC-22-600973 Settlement – $65,000
Judge
Court
San Francisco County Superior Court
Attorneys
Plaintiff
D. Aaron Brock
(Brock & Gonzales LLP)
Christopher P. Brandes
(Brock & Gonzales LLP)
Bianca M. Dulgheru
(Brock & Gonzales LLP)
Defendant
Jonathan C. Rolnick
(Office of the San Francisco City Attorney)
Lauren E. Wood
(Office of the San Francisco City Attorney)
Facts
Plaintiff Peter Misthos, aged 64, worked for defendant, the City and County of San Francisco, as a painter for 24 years. Misthos alleged that in 2021 after returning from an extended leave of absence, San Francisco notified Plaintiff that he was required to report clean shaven to be fitted for the tight-fitting respirator mask he used for his job. Misthos alleged other younger painters were not required to do so. The City placed him on leave without pay following his protest of the mask and shaving requirements. Plaintiff alleged that before he was placed on leave, his supervisor asked him "what difference does it make to you? You're old enough, you're going to be retiring now anyways." The City disputes that this comment was ever made. Misthos alleged that he had a disability that prevented him from using a tight-fitting respirator. Misthos never requested an accommodation and failed to respond to the City's letters asking if he wished to seek an accommodation. He sued the City for age and disability discrimination, and the parties agreed to settle the case.
Result
The City issued an ordinance authorizing a $65,000 settlement.
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