Case: EEOC v. Children's Hospital and Research Center

3:13-cv-05715 | U.S. District Court for the Northern District of California

Filed Date: Dec. 11, 2013

Closed Date: 2018

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Case Summary

In December 2013, the EEOC brought this lawsuit against Children's Hospital and Research Center in the U.S. District Court for the Northern District of California, under Title I of the Americans with Disabilities Act of 1990 and Title VII of the Civil Rights Act of 1964. In this case, an employee of the Children's Hospital and Research Center suffered breast cancer and could not perform the daily tasks of caring for herself because she was weakened from her impairment and its treatment.The plai…

The plaintiff initially took a two month medical leave of absence in January 2012 and sought to extend the medical leave three times to undergo treatment for her disability, including a double mastectomy, reconstruction surgery for each breast and removal of her fallopian tubes, ovaries and uterus. In July 2012, the hospital rejected her doctor's medical certification, which stated that the employee was still recuperating from surgery but could return to work in September 2012. The hospital denied any further medical leave and fired her as an office assistant because they thought that she would not be able to return to work by September 2012. The EEOC requested (a) a permanent injunction enjoining the Children's Hospital and Research Center from terminating employment because of a disability, and engaging in other employment practices that discriminate against an employee on the basis of disability; (b) an order for the Children's Hospital and Research Center to institute and carry out policies, practices and programs prohibiting discrimination; (c) an order for the Children's Hospital and Research Center to provide backpay and compensation to the discharged employee; and (d) punitive damages.

On August 14, 2014, Judge Edward M. Chen approved a joint stipulation by the parties to refer the case to private mediation. On February 10, 2015, Judge Chen approved a joint proposed consent decree. The consent decree provided for both general and specific injunctive relief, including enjoining the Children’s Hospital from unlawfully discriminating against any employee due to his or her disability, requiring the Hospital to make reasonable accommodations for disabled employees as required by law, and having the Hospital revise its employee and supervisor ADA training. For the specific terminated employee, the Hospital was required to provide her with a neutral reference for her future employers and pay $300,000 in monetary relief. Each side agreed to bear its own attorneys’ fees and costs.

The court maintained jurisdiction over the consent decree for three years. It terminated in 2018 without any further litigation, and the cases is now closed.

Summary Authors

Kowa Takata (10/15/2014)

Lisa Limb (3/20/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5965599/parties/us-equal-employment-oppurtunity-commission-v-childrens-hospital/

Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Lopez, P. David (Texas)

Mitchell, Marcia L (California)

Attorney for Defendant

Delgado, Mark A. (California)

Robertson, Sarah Elizabeth (California)

Judge(s)

Chen, Edward Milton (California)

Ryu, Donna Miae (California)

Attorney for Plaintiff

Lopez, P. David (Texas)

Mitchell, Marcia L (California)

Smith, Debra A. (California)

Tamayo, William Robert (California)

Attorney for Defendant

Delgado, Mark A. (California)

Robertson, Sarah Elizabeth (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:13-cv-05715	Docket [PACER] EEOC v. Children's Hospital & Research Center	Feb. 10, 2015	Feb. 10, 2015 Docket
1 3:13-cv-05715	Complaint	Dec. 11, 2013	Dec. 11, 2013 Complaint
3:13-cv-05715	Oakland Children's Hospital Sued by EEOC for Disability Discrimination No Court	Dec. 11, 2013	Dec. 11, 2013 Press Release
36 3:13-cv-05715	Consent Decree	Feb. 10, 2015	Feb. 10, 2015 Order/Opinion 2015 WL 1121971

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5965599/us-equal-employment-oppurtunity-commission-v-childrens-hospital/

Last updated March 29, 2026, 4:25 a.m.

ECF Number	Date	Description	Link
1	Dec. 11, 2013	COMPLAINT (with jury demand) (Civil Rights - Employment Discrimination) against Children's Hospital & Research Center. Filed by US Equal Employment Oppurtunity Commission. (Attachments: # 1 Civil Cover Sheet)(Smith, Debra) (Filed on 12/11/2013) Modified on 12/11/2013 (cjl, COURT STAFF). (Entered: 12/11/2013) 1 Civil Cover Sheet View on PACER	RECAP
2	Dec. 11, 2013	Proposed Summons. (Smith, Debra) (Filed on 12/11/2013) (Entered: 12/11/2013)	RECAP
3	Dec. 11, 2013	Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ha, COURT STAFF) (Filed on 12/11/2013) (Entered: 12/11/2013)	RECAP
4	Dec. 11, 2013	ADR SCHEDULING ORDER: Case Management Statement due by 3/5/2014. Case Management Conference set for 3/12/2014 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (cjl, COURT STAFF) (Filed on 12/11/2013) (Entered: 12/11/2013)	RECAP
5	Dec. 11, 2013	Summons Issued as to Children's Hospital & Research Center. (cjl, COURT STAFF) (Filed on 12/11/2013) (Entered: 12/11/2013)	RECAP
6	Jan. 7, 2014	CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge within 14 days of this notice. (This is a text only docket entry, there is no document associated with this notice.) (ig, COURT STAFF) (Filed on 1/7/2014) (Entered: 01/07/2014)	RECAP
7	Jan. 21, 2014	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by US Equal Employment Oppurtunity Commission.. (Smith, Debra) (Filed on 1/21/2014) (Entered: 01/21/2014)	RECAP
8	March 4, 2014	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Children's Hospital & Research Center.. (Robertson, Sarah) (Filed on 3/4/2014) (Entered: 03/04/2014)	RECAP
9	March 5, 2014	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ig, COURT STAFF) (Filed on 3/5/2014) (Entered: 03/05/2014)	RECAP
10	March 6, 2014	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Edward M. Chen for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on March 06, 2014. (cjlS, COURT STAFF) (Filed on 3/6/2014) (Entered: 03/06/2014)	RECAP
11	March 21, 2014	ANSWER to Complaint byChildren's Hospital & Research Center. (Robertson, Sarah) (Filed on 3/21/2014) (Entered: 03/21/2014)	RECAP
12	April 29, 2014	CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 5/15/2014. Case Management Conference set for 5/22/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/29/14. (Attachments: # 1 Standing Order)(bpf, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014) 1 Standing Order View on PACER	RECAP
13	April 29, 2014	CLERKS NOTICE - LETTER FROM JUDGE CHEN RE: CONSENT BEFORE MAGISTRATE JUDGE (bpf, COURT STAFF) (Filed on 4/29/2014) (Entered: 04/29/2014)	RECAP
14	April 29, 2014	CERTIFICATE OF SERVICE by US Equal Employment Oppurtunity Commission re 12 Case Management Scheduling Order, with Standing Orders (Smith, Debra) (Filed on 4/29/2014) (Entered: 04/29/2014)	RECAP
15	May 14, 2014	CASE MANAGEMENT STATEMENT (JOINT) & Proposed Order filed by Children's Hospital & Research Center. (Attachments: # 1 Certificate/Proof of Service)(Delgado, Mark) (Filed on 5/14/2014) (Entered: 05/14/2014) 1 Certificate/Proof of Service View on PACER	RECAP
16	May 23, 2014	Minute Entry: Initial Case Management Conference held on 5/22/2014 before Judge Edward M. Chen (Date Filed: 5/23/2014), Case referred to mediation. Status Report due by 9/4/2014. Status Conference set for 9/11/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Recording #FTR 9:13-9:19.) (bpf, COURT STAFF) (Date Filed: 5/23/2014) (Entered: 05/23/2014)	RECAP
17	May 23, 2014	CASE MANAGEMENT SCHEDULING ORDER: Discovery due by 3/19/2015. 7-day Jury Trial set for 9/21/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Motion Hearing set for 6/11/2015 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Pretrial Conference set for 8/25/2015 02:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/22/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/23/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/25/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/28/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/29/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Trial set for 9/30/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Jury Selection set for 9/21/2015 08:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/23/14. (bpf, COURT STAFF) (Filed on 5/23/2014) (Entered: 05/23/2014)	RECAP
18	June 30, 2014	NOTICE of Change of Address by Sarah Elizabeth Robertson and Change of Firm Name (Robertson, Sarah) (Filed on 6/30/2014) (Entered: 06/30/2014)	RECAP
19	July 1, 2014	ADR Clerks Notice Appointing Jody I. LeWitter as Mediator. (af, COURT STAFF) (Filed on 7/1/2014) (Entered: 07/01/2014)	RECAP
20	July 25, 2014	ADR Clerks Notice Vacating Appointment of Mediator, Jody LeWitter 19 . The ADR Program will appoint another mediator as soon as possible. (af, COURT STAFF) (Filed on 7/25/2014) (Entered: 07/25/2014)	RECAP
21	Aug. 14, 2014	STIPULATION and Proposed Order selecting Private ADR by Children's Hospital & Research Center and EEOC filed by Children's Hospital & Research Center. (Robertson, Sarah) (Filed on 8/14/2014) (Entered: 08/14/2014)	RECAP
22	Aug. 18, 2014	Order by Hon. Edward M. Chen granting 21 Stipulation selecting Private ADR.(knm, COURT STAFF) (Filed on 8/18/2014) (Entered: 08/18/2014)	RECAP
23	Sept. 8, 2014	CLERK'S NOTICE - Status conference is set for 9/11/14 at 10:30 a.m. An updated joint status report was due 9/4/14. Joint Status report shall be filed by noon on 9/9/14.THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 9/8/2014) (Entered: 09/08/2014)	RECAP
24	Sept. 9, 2014	JOINT CASE MANAGEMENT STATEMENT (UPDATED) filed by Children's Hospital & Research Center. (Attachments: # 1 Certificate/Proof of Service)(Robertson, Sarah) (Filed on 9/9/2014) (Entered: 09/09/2014) 1 Certificate/Proof of Service View on PACER	RECAP
25	Sept. 12, 2014	Minute Entry: Status Conference held 9/11/14. (Date Filed: 9/12/2014). Status Report due by 11/13/2014. Further Status Conference set for 11/20/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Recording #FTR 10:34-10:47.) (bpf, COURT STAFF) (Date Filed: 9/12/2014) (Entered: 09/12/2014)	RECAP
26	Nov. 13, 2014	JOINT CASE MANAGEMENT STATEMENT filed by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 11/13/2014) (Entered: 11/13/2014)	RECAP
27	Nov. 20, 2014	Minute Entry for proceedings held before Hon. Edward M. Chen: Status Conference held on 11/20/2014. Status Report due by 12/11/2014. Status Conference set for 12/18/2014 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.(FTR Time 10:55 - 10:59 a.m.) (mklS, COURT STAFF) (Entered: 11/21/2014)	RECAP
28	Dec. 12, 2014	JOINT CASE MANAGEMENT STATEMENT filed by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 12/12/2014) (Entered: 12/12/2014)	RECAP
29	Dec. 22, 2014	Minute Entry for proceedings held before Hon. Edward M. Chen: Status Conference held on 12/18/14. Status Report due by 1/22/2015. Status Conference set for 1/29/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.Court Reporter Name or FTR Time 10:50-10:58. (bpf, COURT STAFF) (Date Filed: 12/22/2014) (Entered: 12/22/2014)	RECAP
30	Jan. 22, 2015	CASE MANAGEMENT STATEMENT JOINT UPDATED filed by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 1/22/2015) (Entered: 01/22/2015)	RECAP
31	Jan. 22, 2015	AFFIDAVIT re 30 Case Management Statement Smith by US Equal Employment Oppurtunity Commission. (Smith, Debra) (Filed on 1/22/2015) (Entered: 01/22/2015)	RECAP
32	Jan. 30, 2015	Minute Entry for proceedings held before Hon. Edward M. Chen: Status Conference held on 1/29/2015. Discovery due by 4/16/2015. Status Report due by 2/5/2015. Status Conference set for 2/12/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.Court Reporter Name or FTR Time 11:40-11:48. (bpf, COURT STAFF) (Date Filed: 1/30/2015) (Entered: 01/30/2015)	RECAP
33	Feb. 4, 2015	CLERK'S NOTICE resetting Status Conference for 2/12/2015 at 10:00 AM (instead of 10:30 a.m.) in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Status Report due by 2/5/2015. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 2/4/2015) (Entered: 02/04/2015)	RECAP
34	Feb. 5, 2015	JOINT CASE MANAGEMENT STATEMENT filed by Children's Hospital & Research Center. (Robertson, Sarah) (Filed on 2/5/2015) (Entered: 02/05/2015)	RECAP
35	Feb. 6, 2015	Proposed Order Consent Decree by Children's Hospital & Research Center. (Robertson, Sarah) (Filed on 2/6/2015) (Entered: 02/06/2015)	RECAP
36	Feb. 10, 2015	ORDER - Consent Decree 35 Proposed Order filed by Children's Hospital & Research Center. Signed by Judge Edward M. Chen on 2/10/15. (bpf, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)	RECAP
37	Feb. 10, 2015	CLERK'S NOTICE vacating 2/12/15 and all other deadlines. Case is closed. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 2/10/2015) (Entered: 02/10/2015)	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 11, 2013

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Equal Employment Opportunity Commission on behalf of an individual employee with a disability.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Other

Children's Hospital and Research Center

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Title VII (including PDA), 42 U.S.C. § 2000e

Other Dockets:

Northern District of California 3:13-cv-05715

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Neutral/Positive Reference

Reasonable Accommodation

Amount Defendant Pays: $300,000

Order Duration: 2015 - 2018

Issues

Disability and Disability Rights:

Disability, unspecified

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Discrimination Basis:

Disability (inc. reasonable accommodations)

Affected Sex/Gender(s):

Female

EEOC-centric:

Direct Suit on Merits

Recommended Citation

Case Summary of EEOC v. Children's Hospital and Research Center, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/13233/ (last updated 3/20/2018).