Facts

Diane Pizza worked as a substance abuse counselor in the county of Sonoma's Drinking Driver Program - a court-referred program for convicted drinking driver offenders. She recovered from cancer, and her physician recommended an accommodation to prevent recurrence. She requested an accommodation of working only daytime hours on weekdays, with no evening or weekend hours. The county refused.

Shortly after, Ms. Pizza had a recurrence of cancer. Following surgery and chemotherapy, her physician permitted her to return to work, with the same restrictions - work only daytime hours on weekdays. Upon Ms. Pizza's return, the county placed her in a substance abuse counselor position at the county jail with only daytime hours.

The DFEH claimed the reassignment was a demotion and filed suit against the county for the failure to accommodate.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that she was discriminated against due to her disability. She alleged that the county failed to accommodate her and the DFEH claimed the reassignment was a demotion and posed a greater risk of injury, which forced her to retire.

DEFENDANT'S CONTENTIONS:
The defendant claimed that it could not accommodate the plaintiff in her former position as a substance abuse counselor in the Drinking Driver Program because her physician restricted her to working only daytime hours and the vast majority of the services were provided only on nights and weekends. As a result, defendant placed plaintiff in another substance abuse counselor position at the same rate of pay and job benefits at the County Jail. The transfer was a reasonable accommodation of the plaintiff's disability, not a demotion.

Damages

The plaintiff sought lost income and benefits from her alleged demotion and forced retirement.

Result

During mediation, the parties reached an agreement whereby defendant county would pay plaintiff $325,000 as well as, review, revise as necessary, implement and disseminate to all employees a written policy regarding disability discrimination, reasonable accommodation and the interactive process to ensure compliance with the provisions of the Fair Employment and Housing Act.