A California appellate court has upheld the dismissal of a disability discrimination lawsuit filed by Nancy Schlotthauer, a civilian employee who worked for the San Bernardino County Fire Department as a Hazardous Materials Specialist III (HMS-III).
Schlotthauer, who was not a firefighter, was part of the County’s hazardous materials division, which is managed by the fire department but includes both sworn and civilian personnel. Her role involved data management and regulatory duties under the California Environmental Reporting System (CERS).
In March 2019, Schlotthauer suffered a non-work-related injury and went on protected leave under the California Family Rights Act. During her absence, the County implemented previously planned structural changes, including decentralizing the CERS process and reassigning certain responsibilities. Her position was later shifted from the CERS unit to the Enforcement unit, although the job title and description remained the same.
Schlotthauer extended her leave multiple times and was not medically cleared to return to full duties until November 2019. By that time, there were no vacant HMS-III positions available. She declined to pursue an HMS-II position and subsequently filed a lawsuit alleging disability discrimination, failure to accommodate, retaliation, and failure to engage in the interactive process. She retired in early 2020.
The trial court granted summary adjudication on several of her claims, and the County prevailed at trial on the remainder. On appeal, the Court of Appeal affirmed the trial court’s rulings. The court found that:
- The changes to her job duties and transfer were not adverse employment actions;
- The County reasonably accommodated her disability by repeatedly extending her leave;
- There was no evidence the County failed to engage in the interactive process; and
- The positions she sought were filled while she remained medically unable to return to work.
Following her death in 2024, her husband was substituted as appellant. The judgment in favor of the County was affirmed on June 16, 2025.
