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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 lawsuit 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 and Title VII of the Civil Rights Act of 1964. In this case, an employee ... read more >
In December 2013, the EEOC brought this lawsuit 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 and Title VII of the Civil Rights Act of 1964. 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 the Children's Hospital and Research Center from terminating employment because of a disability, and engaging in other employment practices that discriminate against an employee on the basis of disability; (b) an order for the Children's Hospital and Research Center to institute and carry out policies, practices and programs prohibiting discrimination; (c) an order for the Children's Hospital and Research Center to provide backpay and compensation to the discharged employee; and (d) punitive damages.

On August 14, 2014, Judge Edward M. Chen approved a joint stipulation by the parties to refer the case to private mediation. On February 10, 2015, Judge Chen approved a joint proposed consent decree. The consent decree provided for both general and specific injunctive relief, including enjoining the Children’s Hospital from unlawfully discriminating against any employee due to his or her disability, requiring the Hospital to make reasonable accommodations for disabled employees as required by law, and having the Hospital revise its employee and supervisor ADA training. For the specific terminated employee, the Hospital was required to provide her with a neutral reference for her future employers and pay $300,000 in monetary relief. Each side agreed to bear its own attorneys’ fees and costs.

The court maintained jurisdiction over the consent decree for three years. It terminated in 2018 without any further litigation, and the cases is now closed.

Kowa Takata - 10/15/2014
Lisa Limb - 03/20/2018


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Issues and Causes of Action
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Issues
Affected Gender
Female
Content of Injunction
Develop anti-discrimination policy
Discrimination Prohibition
Neutral/Positive Reference
Reasonable Accommodation
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 Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Children's Hospital and Research Center
Plaintiff Description Equal Employment Opportunity Commission on behalf of an individual employee with a disability.
Indexed Lawyer Organizations EEOC
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2015 - 2018
Filing Year 2013
Case Closing Year 2018
Case Ongoing No
Docket(s)
4:13−cv−05715 (N.D. Cal.)
EE-CA-0350-9000.pdf | Detail
Date: 02/10/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Oakland Children's Hospital Sued by EEOC for Disability Discrimination
EE-CA-0350-0002.pdf | External Link | Detail
Date: 12/11/2013
Source: EEOC.gov
Complaint [ECF# 1]
EE-CA-0350-0001.pdf | Detail
Date: 12/11/2013
Source: PACER [Public Access to Court Electronic Records]
Consent Decree [ECF# 36] (N.D. Cal.)
EE-CA-0350-0003.pdf | Detail
Date: 02/10/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Chen, Edward Milton (N.D. Cal.)
EE-CA-0350-0003 | EE-CA-0350-9000
Plaintiff's Lawyers Lopez, P. David (Texas)
EE-CA-0350-0001
Mitchell, Marcia L (California)
EE-CA-0350-0001 | EE-CA-0350-0003
Smith, Debra A. (California)
EE-CA-0350-0001 | EE-CA-0350-0003 | EE-CA-0350-9000
Tamayo, William Robert (California)
EE-CA-0350-0001 | EE-CA-0350-0002 | EE-CA-0350-0003
Defendant's Lawyers Delgado, Mark A. (California)
EE-CA-0350-9000
Robertson, Sarah Elizabeth (California)
EE-CA-0350-0003 | EE-CA-0350-9000

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