Uyen Duong, a Los Angeles County research analyst diagnosed with stomach cancer, has tentatively settled her disability discrimination lawsuit against the county after alleging she was denied reasonable remote work accommodations, forced onto unpaid medical leave, and constructively discharged.
In Plain English: The Clinical Takeaway
The Path of the Lawsuit and County Response
Uyen Duong was hired as a research analyst 2 in June 2017 and was subsequently promoted to an analyst 3 in the Environmental Health Division, performing her job well according to her Los Angeles Superior Court lawsuit. However, in 2021, her health declined significantly, leaving her dizzy and vomiting blood. She was subsequently diagnosed with stomach cancer.
When the county initiated plans for employees to return to offices four days a week in July 2021 following remote work protocols established during the coronavirus pandemic, management declined to let Duong continue working from home. Instead, they told her she would have to take unpaid leave. Duong filed a complaint with the county Equity Oversight Panel, underwent stomach surgery, and began seeing a psychiatrist. Court papers noted her doctor confirmed she could work full-time through the end of 2021 if she remained at home.
Despite holding three meetings with her department—during which her department director was absent—Duong did not receive the requested work-from-home accommodations. She then filed a complaint with the California Civil Rights Department. Although she was eventually permitted to telework two days a week through June 2023, she contended this was not a true accommodation because the department was granting all workers two remote days weekly due to the Omicron variant surge. In August 2023, despite presenting a doctor’s note requiring six more months of remote work, her department placed her on unpaid medical leave. Duong was constructively discharged in September 2023, prompting her July 2024 lawsuit alleging harassment, retaliation, and failure to accommodate.
On Tuesday, attorneys for Duong filed court papers notifying Judge Steve Cochran of a conditional resolution, with a request for dismissal anticipated by December 7. No terms were divulged, and it remains unclear whether final approval rests with the Board of Supervisors. County attorneys previously denied all wrongdoing and contended Duong suffered no damages.
Clinical Realities of Stomach Cancer Recovery
| Clinical Factor | Patient Manifestation | Workplace Implication |
|---|---|---|
| Surgical Recovery | Post-gastrectomy fatigue, nutritional adjustments, and pain management | Requires flexible scheduling and energy conservation |
| Immunocompromised Status | Vulnerability to circulating pathogens (e.g., SARS-CoV-2 variants) | Justifies remote work environments to prevent severe infections |
| Symptom Fluctuation | Episodes of dizziness, nausea, and acute weakness | Incompatible with rigid, mandatory in-office attendance policies |
Contraindications & When to Consult a Doctor
References
- Los Angeles Superior Court. Case filings regarding Uyen Duong v. County of Los Angeles.
- California Civil Rights Department. Workplace disability accommodation guidelines and statutory frameworks.
- MyNewsLA.com reporting on the tentative settlement entered in Los Angeles Superior Court.
