County settles disability discrimination suit

• “The real issue was the county made the decision for her. She wanted to keep working.”
• “The strength in our case was that they never gave her a shot.”
• “I am hopeful the county sees the mistakes they made with respect to her.”

A former Tulare County systems administrator will receive $270,500 in a settlement of her lawsuit alleging disabilities discrimination and failure to provide reasonable accommodations.

Eleanor Westmoreland filed her suit in December 2014, after receiving a “Right to Sue” letter from the California Department of Fair Employment and Housing. The suit was settled Wednesday, two weeks before a jury trial was scheduled to start.

“We were close,” said Kevin Schwin, who represented Westmoreland.

According to court documents, Westmoreland is disabled and her physical restrictions prevent her from lifting more than 20 lbs., picking up items from the floor and sitting or stand for more than 20 minutes at a time. She also needs to lie down for at least an hour, three times a day. The complaint filed for Westmoreland said the county made accommodations for many years.

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However, in November 2013, Westmoreland’s position was reclassified, changing to a systems administrator. According to the lawsuit, the county determined Westmoreland couldn’t perform all “essential functions” of the new position.

“The real issue was the county made the decision for her,” Schwin said. “She wanted to keep working.”

According to her attorney, Westmoreland planned to work 30 years for the county. The county’s determination derailed Westmoreland’s plans, Schwin said.

“She was forced to retire sooner,” he said.

According to the lawsuit, Westmoreland met with managers to discuss accommodations for her to continue working. However, Westmoreland was blocked from accessing her workstation, making it impossible to perform any work.

Six months later, Westmoreland received a letter stating there were no positions in the county’s information technology department her qualifications didn’t meet other job requirements. Westmoreland then took an extended medical leave that led to early retirement, according to the lawsuit.

“The strength in our case was that they never gave her a shot,” Schwin said.

In response to the legal complaint, the county denied Westmoreland’s claims, saying all decisions made were lawful. In the response, the county also said Westmoreland failed to satisfy the new qualifications and alternative measures were not reasonably available.

Schwin said he would have liked to have the case go to a jury trial. But a settlement made more sense for his client.

“My attitude is: As long as my client is happy at the end of the day,” he said. “The client was interested in a settlement. The county also wanted to settle the case. That’s what I am told.”

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Schwin said he was also impressed how county representatives handled the lawsuit negotiations.

“They were amicable,” he said. “That goes a long way in settling a case. You are dealing with people you respect. You are dealing with people you can trust.”

Westmoreland will continue to receive her retirement from the county, Schwin said.

The exact amount Westmoreland will receive hasn’t been determined, yet, Schwin said. The county has a small court judgment against Westmoreland. As part of the negotiations, the $1,200 judgment will be taken from the $270,500 settlement, Schwin said.

As a long-term outcome of the suit, Schwin said he would like the county to take steps to prevent future discrimination.

“I am hopeful the county sees the mistakes they made with respect to her,” Schwin said. “They should implement policies and procedures to ensure those mistakes are not made.”

Online

www.tularecounty.ca.gov