Agenda

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County Attorney's Report 12. 3.

BCC Regular Meeting

Action

Meeting Date:	09/07/2017
Issue: Approval of Settlement Agreement in the FCHR/EEOC Case of Olivia Ulrich v. Escambia County Board of County Commissioners
From:	Meredith Crawford
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Approval of Settlement in the Sum of $15,123.30 in the Case of Olivia Ulrich v. Escambia County, FCHR Case No.: 201701158 and EEOC Case No.: 15D201700606

That the Board take the following action:

A. Approve settlement in the sum of $15,123.30 to former employee, Olivia Ulrich, through the trust fund of her counsel, John B. Trawick, in exchange for the execution of a general release and stipulation for dismissal of all claims with prejudice, and;

B. Authorize the County Attorney's Office to execute the Settlement Agreement.

[Funding: Fund 501, Balance Sheet Account 239898]

BACKGROUND:

Ms. Olivia Ulrich was employed by the County as a Pharmacy Technician within the Escambia County Jail and worked in that capacity from June 21, 2016 until March 1, 2017.

On December 5, 2016, unrelated to her employment, Ms. Ulrich severely injured her left hand. The injury substantially limited the use of her left arm and restricted her ability to carry out the essential functions of her employment. By February 10, 2017, Ms. Ulrich had exhausted all paid leave and was placed on leave without pay (LWOP).

On February 27, 2017, Ms. Ulrich advised Jail Medical that she anticipated wrist surgery on March 15, 2017. Ms. Ulrich was not eligible for extended unpaid leave under the Family Medical Leave Act (FMLA) because she did not meet all criteria. Ms. Ulrich’s employment was terminated on March 1, 2017.

Subsequent to her termination, Ms. Ulrich filed a claim with the Florida Commission of Human Relations (FCHR) and with the Equal Employment Opportunity Commission alleging discrimination based on temporary disability in violation of the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA). Ms. Ulrich’s claim alleges the County failed to provide a reasonable accommodation for a temporary disability, namely her wrist injury.

Attorney John B. Trawick has been retained by Ms. Ulrich. The matter is currently pending before the FCHR and the EEOC.

This settlement acknowledges the uncertainty of litigation and potential for extensive cost and increased damages should the matter proceed. This settlement allows Ms. Ulrich to recover $11,884.28 in back pay and $3,239.02 in unpaid medical expenses due to the loss of insurance benefits for a total one-time payment in the amount of $15,123.30.

The full and final settlement is in exchange for release of all current and future employment claims and a dismissal of all pending complaints with prejudice. Additionally, Ms. Ulrich will resign from employment effective March 1, 2017.

By entering into this Agreement, the County does not admit that it has violated any federal, state or local statute or regulation. The County expressly denies that it has violated any law with respect to Ms. Ulrich and/or her employment with the County. The consideration provided by the County is in full accord and satisfaction of doubtful and disputed claims. It is understood that the consideration for this release is for the purpose of enabling the County to avoid the expense and inconvenience of litigation.

BUDGETARY IMPACT:

Fund 501, Balance Sheet Account 239898

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney, Meredith D. Crawford, will obtain all necessary documents to effectuate full settlement, general release of any alleged liability, and dismissal of all claims with prejudice.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Settlement Agreement and Release of Claims