Doe and Roe v. County of Los Angeles
In July 2021, Disability Rights Advocates filed a lawsuit in Los Angeles Superior Court on behalf of two participants in Los Angeles County’s federally-funded Master of Social Work Trainee Program, whose internship and employment offers with the County’s Department of Children and Family Services (DCFS) were withdrawn following invasive and unnecessary psychological evaluations. Read the Complaint.
Plaintiffs alleged that the County subjected them to an unlawful pre-employment psychological evaluation, withdrew their internship and job offers based on assumptions about their mental health, failed to consider possible accommodations in good faith, and otherwise discriminated against them on the basis of disability.
In November 2022, Los Angeles Superior Court Judge Barbara Scheper denied the County of Los Angeles’ motion for summary judgment on all counts, and granted summary adjudication in favor of Plaintiffs, stating that the County’s so-called “interactive process” seemed to be a “sham,” and that it had completely failed to consider possible accommodations for Plaintiffs’ disabilities, as it was legally required to do. Read the Court’s minute order granting summary adjudication in favor of Plaintiffs here.
In March 2024, the Los Angeles County Board of Supervisors approved a settlement agreement that will completely overhaul the way that the DCFS evaluates prospective interns and applicants for Children’s Social Worker employment. Under the terms of the Parties’ Settlement Agreement, interns participating in the County’s MSW Trainee Program will no longer be subjected to a psychological evaluation at all. For Children’s Social Worker employee applicants, the County’s evaluation protocol will be reviewed and revised by a team of well-qualified experts, who will be tasked with ensuring (among other things) that it is “job related” and “consistent with business necessity,” as required by state law. Read the Settlement Agreement.
Case Files
Press Releases
- March 25, 2024: Los Angeles County Board of Supervisors Approves Major Settlement, Ending Decades of Discrimination Against Department of Children and Family Services Applicants with Mental Health Disabilities
- November 15, 2022: Court Finds that County of Los Angeles Discriminated Against Trainee Program Participants with Mental Health Disabilities
- July 29, 2021: Lawsuit Challenges Los Angeles County’s Rejection of Employees Based on Discriminatory and False Assumptions About Mental Health
Media Coverage
- April 4, 2024: Legal Reader
LA County Board of Supervisors Approves Settlement Ending Discrimination Against Family Services Applicants with Mental Health Disabilities - March 27, 2024: Los Angeles Daily News
LA County to End Psychological Screening of DCFS Trainees Under $2.7 Million Settlement - November 22, 2022: National Association of Social Workers California
NASW-CA Statement on Jane Doe and Mary Roe v. County of Los Angeles Decision - November 22, 2022: Legal Reader
Court Finds that County of Los Angeles Discriminated Against Trainee Program Participants with Mental Health Disabilities - November 22, 2022: LAist
Judge Says LA County Didn’t Give Applicants With Mental Health Disabilities a Fair Shot - November 20, 2022: Los Angeles Daily News
DCFS Discriminated Against Trainees Based on Unlawful Psychological Evaluations, Judge Rules - November 16, 2022: Daily Journal
Los Angeles County Didn’t Follow Rules on Pre-employment Psych Evaluations