State Announces $210,000 Settlement with Medical Group in Employment Disability Case

The California Department of Fair Employment and Housing (DFEH) today announced a $210,000 out-of-court settlement of a disability discrimination in employment case filed against The Permanente Medical Group (TPMG) for refusal to accommodate and unlawful termination.

According to the Department, a registered nurse in one of TPMG’s Northern California facilities had suffered work-related repetitive stress injuries to her hands and shoulder, which TPMG had initially accommodated.  After the employee underwent shoulder surgery, she returned to work and requested additional doctor-recommended accommodation.  However, TPMG allegedly refused to return the employee to work and instead placed her on a permanent leave of absence.

“The purpose of the Fair Employment and Housing Act is to keep people with disabilities engaged and productive in the workplace,” said DFEH Director Phyllis Cheng.  “Employees should be accommodated so long as they are able to perform the essential functions of the job.  Employers are excused from making the accommodation only if it causes an undue burden.”

The settlement also required TPMG to reinstate the employee in addition to paying her $210,000 for lost wages and emotional pain and suffering.  TPMG further agreed that its Northern California medical group facilities’ managers, supervisors, and disability case managers would receive disability discrimination prevention training.  In settling the case, TPMG did not admit liability.

The mission of the DFEH is to protect the people of California from unlawful discrimination in employment, housing and public accommodations and from hate violence.  For more information, visit the Department’s website at www.dfeh.ca.gov.