Dana Kess v. Department of Recreation and Parks, City and County of San Francisco, and Does 1 through 20
Published: Sep. 26, 2015 | Result Date: Jul. 28, 2015 | Filing Date: Jan. 1, 1900 |Case number: CGC-13-531728 Settlement – $96,000
Court
San Francisco Superior
Attorneys
Plaintiff
Kenneth C. Absalom
(Law Office of Kenneth C. Absalom)
Defendant
Andrew M. Gschwind
(Santa Clara Valley Water District)
Facts
Dana Kess sued the Dept. of Recreation and Parks and the City and County of San Francisco, in connection with an employment dispute.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff worked for the Dept. of Recreation and Parks. In 2007, he suffered a workplace injury and underwent several surgeries to repair it. Later, he returned to work and was able to perform the same functions with certain restrictions. Plaintiff claimed that although he was an excellent employee, defendants did not allow him to continue work. Defendants also did not offer him re-employment thereby resulting in his termination or constructive termination. Defendants continued to refuse to return him to active employment.
Plaintiff sued for disability discrimination under Fair Employment and Housing Act, failure to provide reasonable accommodation under FEHA, failure to engage in the interactive process under FEHA, failure to prevent discrimination in violation of FEHA, and wrongful termination in violation of public policy.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.
Result
The parties reached a $96,000 settlement.
Other Information
FILING DATE: May 28, 2013.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390