Peter Law Group today announced the settlement of a nearly five-year legal battle to resolve claims that the California Department of Corrections and Rehabilitation (CDCR), discriminated against more than 1500 female corrections officers and CDCR employees who were denied reasonable accommodations while pregnant between June 15, 2015 and May 31, 2020.
Under the settlement, which covers three individual pieces of litigation, CDCR will pay monetary relief totaling $5.1 million. After court-approved administration fees, award of attorney fees and costs, and service awards for Plaintiffs who brought and filed the litigation, participating class members will get individual payments, estimated to be over $3.1 million plus accrued interest at the time of payments. The Superior Court judge supervising the case cited the “outstanding” legal representation, especially given the case’s complexity and public impact.
“We are very pleased to be concluding this matter with the CDCR and look forward to working with their team to implement the terms of this agreement,” said Arnold Peter of Peter Law Group, counsel to the plaintiffs. “Attorney General Rob Bonta and his entire team, along with Deputy Attorney General Joshua Irwin, worked collaboratively with us to craft a fair and meaningful outcome that also produced important revisions to internal CDCR regulations raised in this lawsuit.”
The agreement resolves all claims arising out of a now-ended CDCR policy that previously required female prison guards at any stage of their pregnancy to either:
- Stay in their current position, waive any medical restrictions, confirm their ability to perform each and every essential job function and assume liability for any injury caused by their decision to ignore medical restrictions;
- Accept a demotion, resulting in reduced pay, loss of peace officer status, loss of seniority, loss of benefits and loss of right to bid for shifts; or
- Take a combination of paid and unpaid leave as an accommodation.
Under the terms of the agreement, the parties worked to identify corrections officers and other employees who may be eligible for compensation. Although the initial plaintiffs included just nine women, the total number of female CDCR employees impacted by the settlement is anticipated to include more than 1500 individuals.
“The fight for equality in the workplace is far from over. The remarkably brave women who brought this case were forced to make extremely difficult choices that no man in the same role would ever have to make,” Peter said. “It has been a privilege to represent them and, in doing so, bring to a close an archaic practice replaced with new regulations that should be a model for corrections institutions across the nation.”
In mounting and pursuing this matter, the Peter Law Group worked closely with the legislative policy team at the California Employment Lawyers Association, who assisted in advancing legislation to address the issues at the heart of the case. While zealously protecting the interests of the State of California and the CDCR, the Office of the California Attorney General engaged creatively to construct a complex settlement framework which provides fair, equitable compensation and meaningful justice to the individuals harmed while the challenged policy was in effect.
As a direct result of the lawsuit, in April of 2020 the CDCR modified regulations pertaining to limited term light duty assignments (LTLDA) and adopted regulations pertaining to a temporary modified work assignment (TMWA). These changes in the law, which were implemented immediately, now grant all CDCR employees the benefit of light duty positions and waiver of essential functions due to a pregnancy related disability.
According to the U.S. Bureau of Labor Statistics, as of 2021, women comprised roughly 28% of all corrections officers employed in the United States.
Case Number: 19STCV09935 JACQUELINE CARREON, ET AL. VS CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION
Case Number: 20STCV10154 KAREN BAGUBE, ET AL. VS CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION
About Peter Law Group
Peter Law Group is a boutique law firm founded and managed by Arnold P. Peter, a former U.S. reserve military officer who also served as chair of the California State Bar Labor and Employment Law Section and vice president of legal and business affairs at Universal Studios. The firm represent clients based in California, across the United States and internationally. For more information, visit peterlawgroup.com.
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