A librarian of 20 years is suing the city of Mountain View for discrimination and retaliation after she was asked to return to in-person work despite having a compromised immune system, according to a civil lawsuit filed with Santa Clara County Superior Court in July.
Marie Richardson, 54, has worked as a teen services librarian for the Mountain View Library since 2003. The lawsuit alleges that the city violated Richardson’s civil rights by refusing to accommodate a disability and retaliating against her when she requested to work from home four days a week.
In February 2020, Richardson was diagnosed with a disability that compromised her immune system, making her more vulnerable to diseases from coworkers and members of the public, according to court filings.
The library allowed employees to work remotely during the pandemic, specifically the omicron surge in January 2022, and required employees to return on-site about two months later. At this time, Richardson obtained a letter from her doctor and requested a reasonable accommodation to work remotely, which was granted, according to the lawsuit.
Richardson applied for the accommodation every 90 days, and it was renewed until May 2023. The city denied the request on grounds that the accommodations were “typically temporary,” and it was library policy for employees to work on-site every day.
When Richardson asked how her remote work created “an undue burden” for the city, she did not receive a response, according to the lawsuit.
Richardson was also criticized for not completing tasks on time and removing city materials from the building, according to the lawsuit. The filing contends that Richardson brought home materials to catalog them, and there were never any previous concerns about her work performance, citing a positive performance review from August 2022 when Richardson was working remotely.
The lawsuit also names the city's human resources manager and an assistant city attorney as defendants in the lawsuit. Deputy Communications Officer Brian Babcock declined to comment on the civil suit, noting that the city does not comment on ongoing litigation.
The lawsuit asks for compensation for general damages, that includes redress of humiliation, physical and mental suffering and distress, as well as compensation for attorney fees, the cost of the lawsuit and other relief at the court’s discretion.
Richardson's attorneys did not respond to a request for comment about the lawsuit.
This article was first published in Mountain View Voice.
Comments
Registered user
another community
on Sep 6, 2023 at 6:46 pm
Registered user
on Sep 6, 2023 at 6:46 pm
One of the burdens of the employer (without dismissing the claim) is that places like libraries depend on in-person staff to meet the needs of library-goers of every kind of stripe. If a librarian is working from home, the library needs to hire someone else to interface with the public. That wasn't necessary during the first two years of COVID because libraries had extremely limited days and times when the doors were open. So, a librarian who could work on the catalog still fit into the budget. But now, the library has to pay for two librarians where one sufficed during COVID.
It's not "reasonable" to force the employer to hire a second person to do the job that one person used to be able to do, within their budget.
I'm empathetic to the needs of the librarian, because any disability requiring accommodation is sure to ruffle feathers and garner unwanted attention by the public, co-workers, etc. Asking for a change in policy in ADA terms is a sticky wicket. Especially when the job description previously operated on the assumption that the work would be done in a public library, and would require interaction with the public.
Speaking as a member of the public who goes to libraries, limited operations during COVID was extremely burdensome. Too much DIY. Can't speak for a teenager on this, but young people at the library who need help finding materials relevant to their studies or even asking for reading recommendations on a particular subject, need 'live' librarians.
A compromise may be struck, by allowing the librarian to do a different kind of work, that doesn't depend on being at the library. But it may involve a cut in pay. That's why it's a compromise. Let the librarian stay home, to free the funds up to pay another person to provide in-person work. If she has a disability, she can also try to get SSDI benefits. Being denied work-from-home only, I think SSDI would be on her side and agree there's no other work she can feasibly do.
Registered user
Another Palo Alto neighborhood
on Sep 6, 2023 at 6:59 pm
Registered user
on Sep 6, 2023 at 6:59 pm
Although libraries are run by the City, they are basically a service industry. This means that books have to be reshelved, taken off shelves for those put on hold, and interacting with library patrons who need help, need to get library cards or other in person assistance.
I find it hard enough when visiting something like a library to find a member of staff to help me when I need help. This sounds like there will be less available staff to deal with the public's needs. Is that going to cause longer lines at the desks?
The idea that librarians can work remotely seems a stretch. The idea that a librarian takes work home must mean that those materials are not available for the public to check out.
Or am I missing something?
Registered user
another community
on Sep 6, 2023 at 7:05 pm
Registered user
on Sep 6, 2023 at 7:05 pm
Bystander, I think we are not privy to the entire ins and outs of the request. There is probably a "chat with a librarian" feature that is already filled by a different librarian. Every library has one of those, these days. Firing one person to give another employee the job to satisfy an accommodation is also not "reasonable". We aren't getting the whole story here.
Registered user
another community
on Sep 7, 2023 at 11:40 am
Registered user
on Sep 7, 2023 at 11:40 am
Of course, we're not getting the whole story. A lawsuit was filed. It's self-explanatory why certain details are withheld. It stands to reason that a librarian should be at the library, but I feel bad for her. Unless you're an attorney who handles this type of law, none of us know what we're talking about. Let it play out. I wish her well.
Registered user
another community
on Sep 7, 2023 at 2:21 pm
Registered user
on Sep 7, 2023 at 2:21 pm
Lawsuits are public records. A plaintiff can file as many as they want to, especially if they want to become known as a "vexatious litigant". This is where public knowledge can damage a person's reputation. A respondent has to file an answer, to avoid a default judgment. They can wait until the last possible moment to file their response. An interesting odd factoid is that this article doesn't say who was interviewed by the writer. If anyone was. Revealing the contents of a lawsuit in a newspaper isn't libelous or defamatory unless it is knowingly false.
Journalistic merry-go-rounds have done as much or more damage in many cases than an actual lawsuit. If both the plaintiff and the respondent were asked about the case and declined to offer further information, well........ you do the math. "Low hanging fruit" comes to mind.
Registered user
University South
on Sep 7, 2023 at 9:40 pm
Registered user
on Sep 7, 2023 at 9:40 pm
Let me explain how libraries work to the commentators expressing confusion about how a librarian can work from home. Most of the staff on the floor in libraries are not librarians, but are library assistants and aides. They are perfectly capable of answering the majority of questions patrons have and helping them locate materials. However, it takes a professional with a master’s degree to catalog materials, evaluate purchases and make recommendations. In addition, librarians are expected to help manage the operations, provide ideas for improvement and create programming. All of these functions can be done remotely and were routinely performed at home during the pandemic. An employee who is immune compromised can and should be accommodated, even if they are a librarian.
Registered user
Duveneck/St. Francis
on Sep 8, 2023 at 12:31 pm
Registered user
on Sep 8, 2023 at 12:31 pm
It depends on the type of librarian.
Many reference librarians could WFH a good amount, with exception if they need to access in print reference materials in the library. Not everything is online, contrary to what Google wishes you to believe.
It appears this librarian is a cataloger and she was bringing items, likely including books, home to process. This is impractical for any reasonable amount of work production.
Solution: agreement to alter the job meaningfully and still require reasonable work production.