Jacqueline Escobar v. Los Angeles County Department of Children and Family Services, Roberta Thomas
Published: Apr. 28, 2007 | Result Date: Apr. 10, 2007 | Filing Date: Jan. 1, 1900 |Case number: CV 06-0918 Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Daniel R. Watkins
(Watkins & Letofsky LLP)
Defendant
Calvin R. House
(Gutierrez, Preciado & House LLP)
Experts
Plaintiff
David R. Hodge
(technical)
Defendant
Frederic G. Reamer
(technical)
Facts
Plaintiff was a student in the masters in social work program at California State University Long Beach. She signed a contract with the Los Angeles County Department of Children and Family Services (DCFS) to serve as an intern during the 2004-05 school year, for which she was to receive a stipend of $18,500. She handed out religious literature during her internship hours at the Department, and shared her religious views with colleagues. According to plaintiff, she came under scrutiny for sharing her faith with co-workers during lunch breaks and after-hours, and for changing into a shirt with a subtle religious message ("Found") after signing out for the day.
After becoming concerned that the plaintiff would not be able to separate her religious beliefs about homosexuality and abortion from her work with clients, Department Supervisor Roberta Thomas asked the University to place the plaintiff in a different internship at another agency. According to plaintiff, DCFS collaborated with CSULB in drafting a Performance Contract directing plaintiff to refrain from sharing her faith. Plaintiff could not agree to a prohibition that included her religious practice during non-working hours. When she declined to sign the document, DCFS terminated plaintiff from her internship.
Plaintiff sued the county for violating her civil rights and for breach of the internship contract.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the DCFS violated Title VII with respect to disparate treatement and failure to accommodate. Plaintiff also contended that DCFS violated her free exercise of religion by placing a blanket restriction from any religious expression while on DCFS property.
DEFENDANTS' CONTENTIONS:
Defendants contended that the distribution of religious literature made other employees uncomfortable and would create the appearance that the County was not neutral with regard to religion, and that the plaintiff told Roberta Thomas she would share her religious beliefs on homosexuality and abortion with clients, and refused to respond to counseling and guidance on how to separate her religious beliefs from the performance of her duties as a social worker.
Result
Unanimous verdict for defendants.
Deliberation
two hours
Length
five days
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