- 4 - the California Fair Employment and Housing Act (FEHA), Cal. Govt. Code sec. 12940 (2000); (2) employment discrimination in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. sec. 12101 (2000); and (3) a State law claim based upon the failure to compensate for overtime in violation of California State regulations. In her California State court complaint, petitioner alleged four causes of action (based upon the same facts as the District Court case): (1) Discrimination on the basis of disability and failure to provide reasonable accommodation for disability, FEHA, Cal. Govt. Code sec. 12940; (2) failure to provide an environment free of harassment and discrimination in employment, FEHA, Cal. Govt. Code sec. 12940; (3) retaliation; and (4) alleged overtime violations on the part of her employer. In both lawsuits, petitioner prayed for damages for the loss of wages, of earning capacity, and of benefits of employment; general damages for emotional distress; incidental and punitive damages; and reasonable attorney’s fees and costs. In March of 2002, petitioner and AAA entered into a “Settlement Agreement and General Release of All Claims” that settled all claims between petitioner and AAA (settlement agreement). The settlement agreement resolved the California State court complaint and the District Court complaint. The settlement agreement provided payment to petitioner of the following amounts:Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011