Those With Disabilities And Medical Conditions Should Obtain Help At The Earliest Possible Time

In Rogers v. County of Los Angeles, the Plaintiff Katrina Rogers returned to work after 19 weeks of medical leave only to learn that after a reorganization of her department, her position was filled by another employee and she was transferred to a new department.

At the time, Ms. Rogers had been employed by the County of Los Angeles for 36 years. In her lawsuit against the County of Los Angeles, Ms. Rogers alleged two distinct theories of liability. First, Ms. Rogers alleged that the county interfered with her right to medical leave by transferring her to a new position. Second, she alleged that the transfer amounted to retaliation. At trial, the jury returned a verdict in Ms. Rogers favor in the amount of $356,000.00.

The County of Los Angeles appealed the verdict, and upon appeal, the appellate court reversed the verdict. In reversing the trial court verdict, the appellate court concluded that there had been no interference with Ms. Rogers’ leave as she did in fact receive the entire 12 weeks of leave allowed her under the California Family Rights Act. Next, with regard to retaliation, the Court of Appeals determined that a transfer to a new position did not amount to retaliation against Ms. Rogers.

It is a rare occurrence for an appellate court to overturn a jury’s verdict, and to be clear, the decision is not a favorable one for California employees who bring claims against their employers for violations of the California Family Rights Act. However, in evaluating the impact of this appellate decision on California employees’ rights to medical leave, we believe the decision is strictly limited to the facts of Ms. Rogers case. We do not believe that the decision will impact employees’ rights to bring claims enforcing their family medical leave rights in the future.

This is due to the fact that employees who are discriminated and retaliated against in violation of their family medical leave rights also have significant additional rights to pursue claims of disability discrimination (failure to accommodate, failure to engage in the interactive process) and/or other related claims pursuant to state and federal law.

Ensure That Your Legal Rights Are Protected by Obtaining Help At The Earliest Possible Time

The key for an employee with a disability or medical condition who requires a family medical leave or reasonable accommodations, is to obtain legal representation at the earliest possible time. We can help you navigate the myriad of rights that you have as an employee under California and federal anti-discrimination and family medical leave laws.

In that regard, we regularly review our client’s job duties and medical limitations and encourage our clients to work with their physicians to facilitate an interactive process with their employer to obtain reasonable accommodations at the earliest possible time. In addition, when our clients are retaliated against for requesting medical leave or reasonable accommodations, we assist our clients in documenting their retaliation complaint(s) and if necessary filing appropriate administrative claims or lawsuits to ensure that our clients have a level playing field. By obtaining our help at the earliest possible time, we can help you protect your legal rights and put you in the best position to maintain your employment.

If you are an employee in need of family medical leave or reasonable accommodations you can set up an appointment to meet with one of our partners in one of our conveniently located offices in San Diego, Orange County or San Francisco. We offer a free initial consultation for employees who are seeking family medical leave or reasonable accommodations.

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