Breast cancer survivor files employment discrimination lawsuit against Elk Grove following termination
A former Elk Grove Police 911 dispatcher and records technician, has filed a lawsuit against the city of Elk Grove alleging workplace discrimination and wrongful termination.
According to the complaint filed by attorney D. Aaron Brock of Brock & Gonzales LLP, Michelle Flock was terminated on July 5, 2023, after requesting reasonable accommodations for side effects related to her breast cancer medication.
Flock, who began working for the city in October 2022, claims the municipality refused to provide her with minor accommodations such as extra break time to manage her medical condition after she switched job from dispatcher to a records technician. The city placed her on a unpaid medical leave on April 25, 2023 claiming the extra break time "would put police officers in danger."
The medical leave ended on July 5, 2023 when the city terminated her employment claiming it was a medical separation.
The lawsuit, filed on December 19, 2024, alleges the city violated the Fair Employment and Housing Act (FEHA) by discriminating against her medical condition, failing to accommodate her disability, not engaging in an interactive process, retaliating against her, and failing to prevent discrimination.
The lawsuit seeks damages for lost wages, emotional distress, and attorneys' fees. Flock has demanded a jury trial and is seeking both general and special damages from the city.
On March 17, the city filed their response to the lawsuit. The city denied all of the allegations and offered 44 separate affirmative defenses.
The city is represented by Sacramento-based Kronick, Moskovitz, Tiedemann & Girard, with David W. Tyra representing the city. Elk Grove city attorney Jonathan Hobbs is a former partner at Kronick, Moskovitz, Tiedemann & Girard.
Key points in the city is arguing include:
- A general denial of all allegations in Flock's complaint
- Arguments that the city's actions were legitimate, non-discriminatory, and non-retaliatory
- Claims that Flock failed to exhaust administrative remedies
- Assertions of governmental and public entity immunities
- Allegations that any employment decisions were made for legitimate business reasons
The city is seeking dismissal of the lawsuit, with the court to enter judgment in the city's favor and award legal costs.
No trial date has been set for the case, which is currently assigned to Judge Richard K. Sueyoshi in Department 53 of the Sacramento Superior Court.
Michelle Flock v. City of Elk Grove, et al.Sacramento Superior Court Case No. 24CV026011
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Best wishes and best of luck to Ms Flock as she deals with her medical issues. Hard to believe that the city can't find a job that Ms Flock can do while she deals with her medical issues. Perhaps she was a sub-standard employee?? If so, the city should have released her from employment during her probationary period.
My biggest issue here is that our city, with "several" highly paid attorneys on staff cannot adequately defend a simple employment termination lawsuit without having to hire outside counsel at what I'm sure is a substantial additional cost to us taxpayers. Mr. City Manager, what say you? How can you defend this?
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