Illegal firing of employee with ADHD and depression leads to $1.6 million verdict

MYRA Becraft was a full-time staff psychiatrist for the California Department of Corrections and Rehabilitation at its facility in San Diego. According to the Daily Journal, Ms. Becraft sued her employer for wrongful termination based on disability discrimination. She alleged that her workload increased so dramatically that by 2011, she had to take several leaves of absences.  In 2011, she was transferred to the hospital unit of another facility.  Before the end of her medical leave of absence, she requested accommodations brought on by her attention deficit hyperactivity disorder (ADHD) and major depressive disorder. Her request was accompanied by letters from her doctors.
The employer disputed the employee’s claims and argued that the employee neither suffered from ADHD, nor was she disabled.  The employer said it engaged in the interactive process in good faith and that it offered accommodations to the employee.
The employee alleged that the employer did not engage in a good faith interactive process, refused to accommodate her, and ultimately terminated her.
Prior to trial, the employee offered to settle for $110,000 with temporary reinstatement as a staff psychiatrist for a sufficiently long period of time to make the employee eligible for a pension valued at $941,000. The employer rejected this offer and the parties went to trial.
The jury issued a verdict in favor of the employee, and awarded her $1,624, 320 in total damages, including $413,420 for past lost earnings, $1,000,900 for future lost earnings and $210,000 based on emotional distress. The damages were reduced by the court to $1,414,320, to eliminate the emotional distress award.
Under California’s Fair Employment and Housing Act, employers may not terminate an employee based on the employee’s disability or medical condition. An employee suffering from a disability or medical condition is entitled to reasonable accommodation. The employer must in good faith determine whether a disabled employee can be transferred or reassigned to a vacant position.
Two of the most common questions we are asked are: When is an employee considered disabled? What types of disability are protected?
Under California law, there are two categories of disability: physical disability and mental disability. An employee with a “medical condition” is also entitled to accommodation.
Physical disability means any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that affects one or more of several body systems and limits a major life activity, i.e., if it makes the achievement of the major life activity difficult (working is considered a major life activity).
Physical disability also includes any other health impairment that requires special education or related services; having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment which is known to the employer; and being perceived or treated by the employer as having any of the aforementioned conditions.
Mental disability means any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities, that limits a major life activity, or having any other mental or psychological disorder or condition that requires special education or related services.
An employee who has a record or history of a mental or psychological disorder or condition which is known to the employer, or who is regarded or treated by the employer as having a mental disorder or condition, is also protected.
Wrongfully terminated employees who prevail in their case may be entitled to the following: reinstatement, back pay, loss of future earnings, damages for emotional distress, punitive damages, and attorneys’ fees and costs in certain instances.

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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost.  Atty. Sayas’ Law Office is located at 500 N. Brand Blvd. Suite 980, Glendale, CA 91203. You can contact the office at (818) 291-0088 or visit  www.joesayaslaw.com. 

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C. Joe Sayas, Jr., Esq. is trial attorney who has obtained several million dollar recoveries for his clients against employers and insurance companies. He has been selected as a Super Lawyer by the Los Angeles Magazine, featured in the cover of Los Angeles Daily Journal’s Verdicts and Settlements, and is a member of the Million Dollar-Advocates Forum.