CASE SUMMARY:

Diane Pizza had been employed by the County as a Drug and Alcohol Counselor for six years when she was diagnosed with breast cancer and subsequently underwent a lumpectomy, chemotherapy and radiation treatments. The county initially granted her request to be excused from conducting evening classes due to her treatment and recovery needs. However, in January 2004, she was diagnosed with depression and anxiety, attributed by her healthcare provider to the cancer diagnosis and requisite treatment. The county refused to reduce her workload to 40 hours (from the approximately 60 she had been regularly working) with 15 minute rest breaks and weekends off.

In response to her request for an accommodated work schedule the county advised Pizza "…it does not appear that you have a current disability.” As a result, no accommodation is required…" The county further asserted that it had no legal obligation to grant Pizza a reasonable accommodation because she had not experienced a "recurrence" of cancer.

Unfortunately, Pizza did experience a recurrence just three months later, requiring her to undergo further surgery and chemotherapy. She was released by her physician to resume her duties in April 2005, so long as she worked a maximum of 40 hours per week, took 15-minute breaks regularly and did not work weekends. Instead of reinstating Pizza to her position, the county offered to return her to work as a Drug Counselor assigned to the County Jail, a demotion which posed health risks to Pizza, thereby forcing her to retire and sustain significant income and benefit losses.

WHAT WENT WRONG:

The County of Sonoma denied a female employee with breast cancer a reasonable accommodation of her medical condition and disabilities which would have allowed her to continue performing her duties. They wrongly stated that depression was not a disability and thus refused to engage in an accommodation meeting or accommodate Ms. Pizza with an accommodation that was medically appropriate.

WHAT SHOULD HAVE BEEN DONE/LESSON LEARNED:

This case serves as a reminder that FEHA provides protections to employees with physical or mental disabilities, as well as medical conditions, including any health impairment associated with a diagnosis, history or record of cancer. Employers are required to engage in an interactive process and to provide reasonable accommodation that allows an employee with a disability or medical condition to continue performing essential duties unless to do so would result in undue hardship for the employer.

Employers need to understand what is and what is not considered a protected disability under FEHA and be sure that an interactive meeting is conducted by knowledgeable persons about FEHA and that a record of the meeting is documented and maintained.

RESULTS:

With no admission of liability, the County agreed to pay Pizza $325,000, as well as adopt and disseminate to all employees written workplace policies that comply with FEHA. Additionally, the county will provide training for all supervisors and managers on the requirements of the FEHA.

SOURCE:
http://www.dfeh.ca.gov/announcements/pressReleases.aspx?pressReleaseId=101#viewPR