EMPLOYMENT LAW: Discrimination Lawsuit Filed Against California Department of Development Services

April 27, 2010

Sacramento – A disability discrimination lawsuit was filed last week against the California Department of Development Services (DDS) alleging wrongful termination, retaliation, breach of implied covenant of good faith and fair dealings and breach of contract.

The lawsuit was filed by Judith Angell last April 23 after the Department of Fair Employment and Housing gave her the right to sue after closing their own review of the case.

According to Angell, she sustained a work-related repetitive injury and requested or reasonable accommodation in 2006.

DDS denied her initial request and in August 2008, she was temporarily reassigned.

In November 2008, Angell’s treating physician and psychologist recommended that her restriction from working under mid-level management team be made permanent due to the improvement to her condition.

DDS has repetitively refused to permanently reassign her or provide reasonable accommodation for her disability because of the notice of permanent restriction placed on her employment.

In March 2009, Angell’s temporary assignment with the division was terminated.

She was also regarded as unable to work because of her permanent restriction of not working under the supervision of the midlevel management team.

The lawsuit does not specify a specific amount but Angell specified that she is seeking compensation that would cover medical expenses, lost income, exemplary and punitive damages, and legal expenses.