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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
ALISON DAMON,Plaintiff, v.
KAISER FOUNDATION HOSPITALS AKA
KAISER PERMANENTE AKA KAISER
PERMANENTE NORTHERN CALIFORNIA,
Defendant.

11/15/11 - First Filing -
Alison Damon, Kaiser Permanente employee at Roseville Facility, was a Business Reprentative in the Patient  Financial Services
Department.  Ms. Damon suffers from Multiple Sclerosis, which progressed during the course of her employment.  The Kaiser working environment  exacerbated Ms. Damon's symptoms.  She was requesting a simple change in the air temperature among other things.   Upon the advice of her Kaiser Permanente doctor, Jason Trummer, DO, a reasonable request was made of Kaiser to accomodate the medical condition of Ms. Damon.

Kaiser refused to accomodate Ms. Damon, even after her Collective Bargaining Representative assisted her in attempting to have Kaiser adjust the thermometer or moving her work area to a different location.

Damon followed all required modes of grievance with Kaiser including meeting several times with management representatives.  Kaiser still  refused to accomodate Ms. Damon.

Kaiser then placed Alison Damon on Administrative leave for a number of months.  Kaiser refused to communicate with Ms. Damon during this time and she was forced to use her vacation time and PTO in order to maintain her income and medical benefits.

Kaiser finally offered Ms. Damon a "cooling vest" and still refused to relocate her station to a cooler environment.  On July 11, 2011, in good faith Ms. Damon tried to use the "cooling vest."  She had been ordered to return to work wearing the vest.  Her supervison publicaly humilitated Damon when she announced to the entire office that she had a "lawsuit."  This was not true at that time.  She had been participating in Kaiser's program for disabled workers.  She was then sent home to learn how to use the vest.

The following day was spent learning how the vest works.  She returned to work, July 13, 2011 as directed and worked 4 hours.

She had to report for work early to prepare the vest which weighs 8.2 pounds and adds to her overall body fatigue.  She had difficulty with mobility while the vest.  She had difficulty moving when seated while wearing the vest and it caused her pain.

The vest only works for 2.25 hours.   One of her co-workers voiced concern in the form of pity which further humiliated her.  Several employees stared at her.  

On the 14th of July, due to the fatigue from wearing the vest she was unable to return to work.  Daily she attempted to work longer periods of time while wearing the vest and worked around its leaking.

Damon accomodated Kaiser's demand to wear the vest.  Kaiser considers this action as accomodating Damon.  In any event, it did not work for Damon.

Kaiser placed her on unpaid time off.

As Damon had used up her sick leave due to Kaiser forcing her to be at home on Administrative leave she attempted to communicate with her supervisor and employer.  

She was left in limbo and this form of "constructive termination" of her employment has resulted in termination of her position without cause, reason, etc.

Read the case at:  http://legalstuff.kaiserpapers.org/pdfs/alison-damon-v-kaiser-first-filing.pdf
Read the Joint Status Report at:
Read Kaiser's reply to the suit: http://legalstuff.kaiserpapers.org/pdfs/alison-damon-v-kaiser-kaiser-reply.pdf


03-14-2012 -
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
ALISON DAMON,Plaintiff, v.
KAISER FOUNDATION HOSPITALS AKA
KAISER PERMANENTE AKA KAISER
PERMANENTE NORTHERN CALIFORNIA,
Defendant

http://legalstuff.kaiserpapers.org/pdfs/3-14-12-pre-trial-scheduling.pdf

KAISERPAPERS.ORG

legalstuff.kaiserpapers.org