Disability Suit Settles for $230,000 Over Wrongful Discharge
Table of Contents
Case Background
Mary Tramil, an individual, initiated the lawsuit against the City and County of San Francisco (CCSF) on March 28, 2019, filing her complaint in the Superior Court of California, County of San Francisco. The dispute arose from Ms. Tramil’s employment with the public entity, where she alleged the City had failed to meet its legal obligations to employees dealing with medical conditions. This filing positioned the case as a significant legal test of a public employer’s duties under state disability laws.
Cause
The primary cause of the lawsuit lay in the Defendant’s alleged failure to comply with the California Fair Employment and Housing Act (FEHA). Ms. Tramil claimed the City and County of San Francisco had unlawfully discriminated against her based on a physical disability. The core of the legal action focused on the period leading up to her separation from employment, during which she contended the City failed to provide reasonable accommodations for her condition and did not engage in the required cooperative process to find alternative work options. These failures, she argued, ultimately resulted in her wrongful termination.
Injury
Ms. Tramil claimed that the City’s discriminatory actions caused her profound professional and personal injury. Foremost among the injuries were the loss of her job and a continuous stream of income and employee benefits. This termination led to significant financial hardship, which included the loss of long-term retirement security and health coverage. Beyond financial harm, Ms. Tramil claimed she had endured substantial emotional distress and mental anguish as a direct result of the discrimination and the stress of losing her livelihood. She asserted that the Defendant’s conduct had damaged her professional reputation and her overall quality of life.
Damages Sought
The complaint demanded that the City and County of San Francisco provide full compensation for the severe injuries Ms. Tramil sustained. The damages sought included:
Compensatory Damages: This request covered all past and future lost wages, benefits, and income that she would have earned had she remained employed. It also sought substantial funds to cover the significant emotional distress and pain she suffered.
Punitive Damages: Although punitive damages against a public entity are generally restricted, Ms. Tramil sought penalties against any non-public entity Defendants (Does) and requested statutory penalties provided by the FEHA statute, contending that the City had acted with malice or oppression.
Attorney and Expert Fees: Ms. Tramil requested that the City reimburse all legal costs she incurred, including attorney fees, expert witness fees, and other litigation expenses allowed by law.
Key Arguments and Proceedings
This wrongful termination case involved the complexities of public employment law and required an extensive legal effort from both sides as they prepared for trial. The litigation process involved detailed discovery, where each side had examined the facts leading up to Ms. Tramil’s termination.
Legal Representation
Plaintiff(s): Mary Tramil
· Counsel for Plaintiff(s): Joseph M. Lovretovich | Mythily Sivarajah
Defendant(s): City and County of San Francisco
· Counsel for Defendant(s): David Chiu | Jonathan C. Rolnick | Robert Rogoyski | Rose Darling | Matthew K. Yan | Danté R. Taylor
· Experts for Defendant(s): Eric Barnes
Key Arguments or Remarks by Counsel
Claims
Attorneys for Ms. Tramil argued that the City had blatantly disregarded clear requirements of the FEHA statute. They contended that after Ms. Tramil notified her employer of her medical condition, the City failed to promptly or effectively engage in the required interactive process. This process, they argued, mandated that the employer and employee explore reasonable accommodations to allow Ms. Tramil to continue her job safely. By failing to offer suitable accommodations or reassign her to an equivalent vacant position, the City had essentially forced her termination, constituting disability discrimination and wrongful discharge. They pointed to the fact that Ms. Tramil had received her official Right-to-Sue Notice from the Department of Fair Employment and Housing (DFEH) before she initiated the action.
Defense
The City Attorney's Office launched a rigorous defense, denying every substantive allegation that Ms. Tramil had raised. The City maintained that it had fulfilled all of its obligations under state and federal law. Their formal response asserted that:
Statutory and Governmental Immunity: The City held various immunities protecting public entities from certain types of civil liability.
Reasonable Action: The City’s actions regarding Ms. Tramil’s employment were reasonable, non-discriminatory, and necessary business decisions.
Failure to Exhaust Remedies: The defense argued that Ms. Tramil had failed to comply with certain mandatory administrative prerequisites before filing her lawsuit, thereby voiding her claim.
No Causal Link: The City contended that Ms. Tramil’s disability was not the reason for her termination; rather, the decision resulted from legitimate, non-discriminatory business reasons or her inability to perform the essential functions of her job, even with accommodations.
Settlement
After nearly four years of contention, Ms. Tramil and the City and County of San Francisco successfully reached a compromise to end the lawsuit. The dispute did not proceed to a verdict by a jury, but concluded instead with a negotiated Settlement. The City agreed to pay Ms. Tramil the total sum of $230,000 to resolve all claims related to disability discrimination and wrongful discharge. This settlement represented a calculated decision by the City to avoid the financial unpredictability of a trial, where a jury might have awarded far higher damages, including significant awards for emotional distress. For Ms. Tramil, the financial resolution provided immediate compensation and closure, allowing her to move past the long and difficult litigation process.
Court Documents