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L.A. County Probation Department Employee Awarded $95,000 for Discriminatory Forced Retirement
by John E. Dannenberg
A 39-year veteran employee of the County of Los Angeles' (L.A.) Probation
Department, in failing health, was constructively forced to retire by a job
transfer that he alleged was intended to harass him because of his
disabilities and age. He sued L.A. County for discrimination in violation
of California's Fair Employment and Housing Act as well as Labor Code § 1102.5.
Woodrow Cox, a Probation Department director, was informed by his
supervisors in December 2002 that they wanted to transfer him from Camp
Routh to Barry Nidorf Juvenile Hall because they needed his expertise there
as a director. He declined the transfer, pointing to his diabetes and high
blood pressure condition and asserting that his health, psychological
makeup and stamina were not up to such a stressful job. Nonetheless, on
January 3, 2003, he was transferred. Cox filed for industrial injury and
did not return to work. He subsequently retired in March 2005.
Cox charged that the transfer was done in spite of his known physical
disabilities and that he was constructively discharged and forced to retire
prematurely. The Department denied any such knowledge or improper purpose
and noted that Department policy permits such transfers at any time. Cox
sought $167,000 in lost wages, $200,000 in emotional distress and $150,000
in attorney's fees. After expending $99,238 for fees and costs, the County
settled in September 2005 for a total of $95,000. See: Woodrow Cox v.
County of Los Angeles, L.A. County Superior Court Case No. BC 305717.
A 39-year veteran employee of the County of Los Angeles' (L.A.) Probation
Department, in failing health, was constructively forced to retire by a job
transfer that he alleged was intended to harass him because of his
disabilities and age. He sued L.A. County for discrimination in violation
of California's Fair Employment and Housing Act as well as Labor Code § 1102.5.
Woodrow Cox, a Probation Department director, was informed by his
supervisors in December 2002 that they wanted to transfer him from Camp
Routh to Barry Nidorf Juvenile Hall because they needed his expertise there
as a director. He declined the transfer, pointing to his diabetes and high
blood pressure condition and asserting that his health, psychological
makeup and stamina were not up to such a stressful job. Nonetheless, on
January 3, 2003, he was transferred. Cox filed for industrial injury and
did not return to work. He subsequently retired in March 2005.
Cox charged that the transfer was done in spite of his known physical
disabilities and that he was constructively discharged and forced to retire
prematurely. The Department denied any such knowledge or improper purpose
and noted that Department policy permits such transfers at any time. Cox
sought $167,000 in lost wages, $200,000 in emotional distress and $150,000
in attorney's fees. After expending $99,238 for fees and costs, the County
settled in September 2005 for a total of $95,000. See: Woodrow Cox v.
County of Los Angeles, L.A. County Superior Court Case No. BC 305717.
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Related legal case
Cox v. County of Los Angeles
| Year | 2005 |
|---|---|
| Cite | L.A. County Superior Court Case No. BC 305717 |
| Level | State Trial Court |
| Conclusion | Settlement |
| Attorney Fees | 0 |
| Damages | 95000 |
| Injunction Status | N/A |