Mooney v. County of Orange
151 Cal. Rptr. 3d 469
Cal. Ct. App.2013Background
- Mooney was hired by the County in 1990 as a deputy probation counselor.
- She sustained lumbar injuries in 2004, took two medically supervised leaves, and later returned with restrictions.
- From 2005 to 2006 she had a 40-hour weekly restriction, then the County could not accommodate further.
- Mooney applied for disability retirement; OCERS denied it for insufficient permanent incapacity.
- The County continued ADA accommodations and engaged in interactive meetings to find alternative positions.
- Ultimately Mooney was never terminated; she rejected two offer positions and remained on disability leave.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mooney was dismissed for disability under §31725 | Mooney was effectively dismissed when the County failed to reinstate. | Mooney was never terminated; there was ongoing accommodation efforts. | No dismissal under §31725; summary adjudication affirmed. |
| Whether Mooney was separated from employment under §31721(a) | The County separated Mooney due to disability by not assisting disability retirement. | There was no separation; the relationship remained and accommodations continued. | No separation under §31721(a); inconsistent with termination conclusion. |
Key Cases Cited
- Stephens v. County of Tulare, 38 Cal.4th 793 (Cal. Supreme Court, 2006) (defines 'dismissed' as end of employment by employer’s election; requires termination for §31725)
- Kelly v. County of Los Angeles, 141 Cal.App.4th 910 (Cal. App. 2d, 2006) (employer action not a dismissal if not severing relationship; considers temporary leave and rehabilitation)
- Phillips v. County of Fresno, 225 Cal.App.3d 1240 (Cal. App. 3d, 1990) (dismissal can occur without formal termination under §31725)
- Raygoza v. County of Los Angeles, 17 Cal.App.4th 1240 (Cal. App. 2d, 1993) (focuses on reinstatement when no compatible position is available)
- Hanna v. Los Angeles County Sheriff’s Dept., 102 Cal.App.4th 887 (Cal. App. 2d, 2002) (reinstatement/position denial under workers’ comp context)
- Tapia v. County of San Bernardino, 29 Cal.App.4th 375 (Cal. App. 2d, 1994) (reinstatement considerations in disability context)
- Gonzalez v. Department of Corrections & Rehabilitation, 195 Cal.App.4th 89 (Cal. App. 4th, 2011) (interprets 'separate' as termination under similar statute (21153))