University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name EEOC v. Children's Hospital and Research Center EE-CA-0350
Docket / Court 3:13-cv-05715 ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Attorney Organization EEOC
Case Summary
In December 2013, the EEOC brought this suit against Children's Hospital and Research Center in the U.S. District Court for the Northern District of California, under title I of the Americans with Disabilities Act of 1990. In this case, an employee of the Children's Hospital and Research Center ... read more >
In December 2013, the EEOC brought this suit against Children's Hospital and Research Center in the U.S. District Court for the Northern District of California, under title I of the Americans with Disabilities Act of 1990. In this case, an employee of the Children's Hospital and Research Center suffered breast cancer and could not perform the daily tasks of caring for herself because she was weakened from her impairment and its treatment.

The plaintiff initially took a two month medical leave of absence in January 2012 and sought to extend the medical leave three times to undergo treatment for her disability, including a double mastectomy, reconstruction surgery for each breast and removal of her fallopian tubes, ovaries and uterus. In July 2012, the hospital rejected her doctor's medical certification which stated that the employee was still recuperating from surgery but could return to work in September 2012. The hospital denied any further medical leave and fired her as an office assistant because they thought that she would not be able to return to work by September 2012. The EEOC requested (a) a permanent injunction enjoining Children's Hospital and Research Center from terminating the employment because of a disability, and engaging in other employment practices which discriminate against an employee on the basis of disability; (b) an order for Children's Hospital and Research Center to institute and carry out policies, practices and programs which prohibit discrimination; (c) an order for Children's Hospital and Research Center to provide backpay and compensation to the discharged employee; and (d) punitive damages.

The case is ongoing.

Kowa Takata - 10/15/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Defendant-type
Hospital/Health Department
Disability
disability, unspecified
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Disability (inc. reasonable accommodations)
EEOC-centric
Direct Suit on Merits
Plaintiff Type
EEOC Plaintiff
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Children's Hospital and Research Center
Plaintiff Description Equal Employment Opportunity Commission (the “Commission”), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
4:13−cv−05715 (N.D. Cal.) 09/12/2014
EE-CA-0350-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/11/2013
EE-CA-0350-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Oakland Children's Hospital Sued by EEOC for Disability Discrimination 12/11/2013
EE-CA-0350-0002.pdf | Detail
Document Source: EEOC.gov
Judges Chen, Edward Milton (N.D. Cal.) [Magistrate]
EE-CA-0350-9000
Monitors/Masters None on record
Plaintiff's Lawyers Lopez, P. David (Texas)
EE-CA-0350-0001
Mitchell, Marcia L (California)
EE-CA-0350-0001
Smith, Debra A. (California)
EE-CA-0350-0001 | EE-CA-0350-9000
Tamayo, William Robert (California)
EE-CA-0350-0001 | EE-CA-0350-0002
Defendant's Lawyers Delgado, Mark A. (California)
EE-CA-0350-9000
Robertson, Sarah Elizabeth (California)
EE-CA-0350-9000
Other Lawyers None on record

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