Wilson v. County of Orange

• Decision Date: 06 January 2009
• Docket Number: No. G039733.,G039733.
• Citation: 87 Cal. Rptr. 3d 439,169 Cal.App.4th 1185
• Court: California Court of Appeals Court of Appeals
• Parties: JULIE ANN WILSON, Plaintiff and Appellant, v. COUNTY OF ORANGE, Defendant and Respondent.

169 Cal.App.4th 1185

87 Cal. Rptr. 3d 439

JULIE ANN WILSON, Plaintiff and Appellant, v. COUNTY OF ORANGE, Defendant and Respondent.

No. G039733.

Court of Appeals of California, Fourth District, Division Three.

January 6, 2009.

Shuff Law Firm and John J. Gulino for Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Nancy E. Zeltzer and Gary M. Lape for Defendant and Respondent.

OPINION

O'LEARY, Acting P. J.

Julie Ann Wilson appeals from a judgment in favor of her employer the County of Orange (the County). Wilson is a radio dispatcher at the Orange County Sheriff's Department's (the Department) countywide emergency communications system. She sued the County under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12940, subds. (m), (n)),¹ contending it failed to make reasonable accommodation for her medical condition that necessitated she avoid the most stressful aspects of her job. Specifically, Wilson had sought to be excused from staffing the pursuit desk, the communication channel that assists officers who leave their jurisdictions during a pursuit or emergency. Although the County accommodated Wilson in precisely the manner she sought, she contends it nonetheless violated FEHA by not providing her the accommodation earlier and by not initiating an "interactive process" sooner to determine whether she could be accommodated.

A jury returned a verdict in the County's favor. On appeal, Wilson contends the defense verdict is not supported by substantial evidence. We disagree and affirm the judgment.

STANDARD OF REVIEW

Because the sole issue on appeal is whether substantial evidence supports the jury's verdict in favor of the County, we find it useful to preface our recitation of the facts with a statement of the standard of review.

When a party contends insufficient evidence supports a jury verdict, we apply the substantial evidence standard of review. (Bickel v. City of Piedmont (1997) 16 Cal.4th 1040, 1053 [68 Cal.Rptr.2d 758, 946 P.2d 427], superseded by statute on another ground as noted in DeBerard Properties, Ltd. v. Lim (1999) 20 Cal.4th 659, 668 [85 Cal.Rptr.2d 292, 976 P.2d 843].) "`[T]he power of [the] appellate court begins and ends with the determination as to whether there is any substantial evidence contradicted or uncontradicted which will support the [verdict].' [Citations.]" (Gray v. Don Miller & Associates, Inc. (1984) 35 Cal.3d 498, 503 [198 Cal.Rptr. 551, 674 P.2d 253].) We must "view the evidence in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving all conflicts in its favor . . . ." (Jessup Farms v. Baldwin (1983) 33 Cal.3d 639, 660 [190 Cal.Rptr. 355, 660 P.2d 813].) Needless to say, a party "raising a claim of insufficiency of the evidence assumes a `daunting burden . . .' [citation]" (Whiteley v. Philip Morris, Inc. (2004) 117 Cal.App.4th 635, 678 ), one that simply has not been met in this case.

FACTS

Control One is a countywide coordinated emergency communications system, which responds to all agencies, police departments, and public safety agencies in the County. It is the "mutual aid go-to facility for the County as a whole."

Inside the facility are five communication subconsoles (desks) running five communications channels—two "Purple Channels," one "Red Channel," one "Paramedic Desk," and one "Teletype Desk." The Paramedic Desk coordinates medical care for ambulances and medics. The two Purple Channels (subconsoles one and two) retrieve data for officers in the field. When an operator at one of the Purple Channels gets an officer request for information, he or she relates that request to the operator of the Teletype Desk, who obtains the information and gives it back to the Purple Channel operator. The Red Channel (subconsole three), also called the Pursuit Desk, assists officers when they leave their jurisdictions. It also carries countywide broadcasts for missing persons, stolen vehicles, and robberies, and monitors various radio channels (traffic, public works, etc.) to relay information to officers throughout the County.

On each work shift there is a dispatcher at each subconsole (five total) and one supervisor. The typical shift is eight hours, but there are also 10-hour shifts (originally instituted to accommodate employees who want to work only four days a week). Department employees known as communications coordinator II's (CCII's) operate each of the Control One channels and provide backup to the other channels. The Red Channel is backed up first by the shift supervisor, next by one of the Purple Channel operators, and after that, if necessary, by one of the other operators. Each CCII is trained on and rotates staffing at all five channels so every CCII can maintain the skills needed to provide effective backup on any channel.

The Red Channel is generally the most stressful of the channels to operate. Historically, if a CCII was unable to effectively handle the Red Channel, he or she would be moved out of Control One and relocated to another job in the department. Each CCII usually staffed the Red Channel one time a week. However, the department also extensively utilized extra help employees, many of whom were only communications coordinator I's (CCI's). Some of those CCI's operated the Red Channel and some did not.

Wilson began working for the Department in 2001. After she was trained on all channels at Control One, she was promoted to CCII. Wilson suffers from a rare blood disease called antiphospholidipid antibody syndrome. Also called "thick blood," the disease is an autoimmune disorder that causes the blood to coagulate, causing thrombosis and blood clots. In 2002, Wilson was hospitalized for the condition and out on an extended medical leave. She returned to work and throughout 2003 continued to work on all channels, including the Red Channel once a week, and worked all shifts including the graveyard shift. But in September 2003, Wilson told supervisors she did not like working on the Red Channel because she felt she made errors and was criticized for them.

In August 2004, Wilson mishandled a few incidents while operating the Red Channel. Her supervisor told her she would be scheduled for more days on the Red Channel so she could improve her skills. A week later, Wilson told her supervisor she could not work at the Red Channel for medical reasons. Wilson was having concentration and memory problems that she believed were due to a new medication she was taking for her condition. On August 26, 2004, Wilson went to see an Orange County Health Services nurse and told her she needed the work restriction only until her medication stabilized. Wilson also told the Department's human resources manager, Karen Kiddy, she felt her condition would improve with further treatment and the work restriction would only be temporary.

Dr. Phyllis Klein was a hematologist/internist who treated Wilson since 2002. Because Wilson's medical condition already carried increased risk of heart disease and heart attacks, Dr. Klein believed Wilson should avoid high stress level tasks. Wilson told Dr. Klein about the high stress associated with working the Red Channel and working late night shifts. On September 2, 2004, Dr. Klein wrote a letter stating: "`[Wilson] cannot work the pursuit desk.'" The letter did not place limits on the specific shifts Wilson could work.

Wilson's supervisors agreed to a temporary work restriction, with no reduction in pay, and from September 2 until November 30, 2004, she worked only at the Teletype Desk. Wilson was told by supervisors they could not permanently accommodate her work restrictions at Control One due to operational concerns. The Control One command supervisor, Captain Catherine Zurn, agreed to extend Wilson's work restriction until February 2005, which was when Wilson was to have her next medical appointment.

In December 2004, the County's human resources personnel began looking for other positions for Wilson. From December 1 until March 2005, Wilson was out on unpaid leave. She was offered various positions throughout the County, each of which she rejected because they either involved a longer commute or a demotion and less money. In March, Captain Zurn agreed that Wilson could return to Control One, working only the Teletype Desk, until mid-June.

Wilson returned to work for a few weeks in March, but went out on leave again because her work shifts were alternating. In April 2005, Dr. Klein imposed additional work restrictions—no more than 10 hours per shift and no graveyard shifts.

Captain Zurn and other Control One supervisors were concerned about the impact of permanently accommodating Wilson's work restrictions on Control One operations. If Wilson's shifts were limited, other employees would have to work more graveyard shifts. If her Red Channel shifts were eliminated, other employees would not only have to work at the Red Channel more, but Wilson would not maintain her Red Channel skills so as to be able to provide necessary backup in emergency situations.

Beginning in the fall of 2004, Kiddy had been involved in attempting to accommodate Wilson. She had helped arrange the original temporary accommodation through November 2004, and its extension to the end of February 2005. Around the beginning of 2005, Kiddy began to focus on the possibility that Wilson's need for an accommodation would be permanent. She had several meetings and discussions with Wilson, trying to assist her in finding a different position. Although Kiddy understood the Department's operational concerns, after investigating she came to the conclusion that working regular shifts on the Red Channel, and working occasional graveyard shifts, were probably not essential job functions for a CCII. She also concluded accommodating Wilson by allowing her to not operate the Red Channel would not cause the Department undue hardship.

Kiddy held several meetings with Wilson,...