Facts

Plaintiff Princess Obienu was hired by the Los Angeles County Department of Health Services as a Health Education Assistant on Dec. 15, 2008. Over the course of her employment she developed physical impairments that limited the amount of typing and sitting that she could do. Her doctor recommended work restrictions on those activities, which Obienu agreed could be complied with by self-monitoring. She also developed a condition that sometimes made it difficult to get up in the morning, and resulted in her being late for work from time to time. For that condition, her doctor certified that she needed intermittent medical leave for up to three absences per month, lasting up to two days per occasion. The doctor also recommended that she be given a "flexible" schedule that would allow her to arrive at work up to an hour late. The County approved the intermittent leave request in October 2016. In response to the request for a flexible schedule, the County offered to change Obienu's regular work schedule to a later start time. If Obienu wished to continue with her regular work schedule, she could use her intermittent leave by calling in on days that she would be late because of her condition and stating that she was using her intermittent leave. The County's records showed that she continued showing up late, and very rarely called in to state that she would be using her intermittent leave.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted two claims under the California Family Rights Act -- that the County interfered with her right to intermittent leave, and that the County subjected her to adverse employment action for taking intermittent leave. She also asserted to claims under the Fair Employment and Housing Act -- that the County did not provide a reasonable accommodation for her disabilities, and that the County refused to participate in the interactive process.

DEFENDANT'S CONTENTIONS: The County claimed that Obienu did not provide notice of those occasions when she needed to use her right to intermittent leave; that any adverse employment actions (including a 20-day suspension for several acts of misconduct) were based on legitimate reasons, not Obienu's use of intermittent leave; that honoring the typing and sitting restrictions and offering two means by which she could show up later that her scheduled start time constituted reasonable accommodation, and that it engaged in the interactive process until Obienu stated during one of several interactive process meeting that she would not attend any further such meetings.

Injuries

Plaintiff suffered emotional distress.

Result

Defense verdict

Deliberation

3.25 hours

Poll

10-2

Length

11 days