A former state employee wins disability discrimination case, leaving taxpayers responsible for the payout.
A California appellate court has upheld a major judgment in favor of a former state employee, requiring the state to pay more than $8 million in damages and legal fees in a disability case. The decision followed a long legal fight between the Department of Consumer Affairs and Los Angeles County resident Diana Bronshteyn, who said her employer failed to accommodate her needs related to fibromyalgia, a chronic condition that causes widespread pain and fatigue.
The case dates back to 2022, when a jury awarded Bronshteyn $3.3 million after determining that the department had violated disability discrimination laws. The jury agreed that her condition required reasonable adjustments at work and found that the state agency had not provided them. Rather than settle the matter, state lawyers challenged the verdict and took the case to the California Court of Appeal in Los Angeles. That choice ended up costing the state far more than the original award.
This week, the appellate panel not only affirmed the trial court’s judgment but also ordered the state to cover nearly $5 million in legal fees for Bronshteyn’s attorneys. The ruling made clear that the state’s refusal to settle and its decision to pursue multiple failed motions directly contributed to the high legal costs. Justice John Shepard Wiley Jr., writing for the panel, noted that overwhelming the court with filings can backfire if the plaintiff ultimately wins, because taxpayers are then left with the bill.
Legal experts have pointed out that cases against government agencies can be especially tough for employees. Mark Reichel, a Sacramento defense attorney who has followed similar disputes, explained that lawsuits of this kind demand significant time and money. While government lawyers continue to receive their salaries, plaintiffs and their lawyers risk years of unpaid work until the case concludes. Reichel said that fee awards as large as the one in Bronshteyn’s case are uncommon but justified under the law. Courts calculate attorney fees by reviewing hours worked, staffing levels, and time missed from other potential cases, among other factors.
Reichel compared the situation to gambling, noting that state attorneys are working with resources already built into the system, while plaintiffs must take the financial risk themselves. For Bronshteyn’s lawyers, the court’s award recognized the years of labor and expenses invested in the case.
The Attorney General’s Office, which represented the Department of Consumer Affairs, issued a statement defending its conduct during litigation. A spokesperson said that each employment case depends on its specific facts and that state lawyers seek to ensure their filings are based on both the law and available evidence. Still, the appeals court made clear that the strategy of filing numerous motions worked against the state in the end.
It remains unclear exactly how the Department of Consumer Affairs will fund the payout. Legal experts note that state agencies can draw from different budget sources when faced with judgments of this scale. A 2016 law review written by a UCLA professor analyzed how governments handle financial sanctions, finding that agencies often have multiple methods for covering costs rather than relying solely on the general fund. In this case, the department has not confirmed which portion of its budget will be used.
The decision highlights the high financial stakes when governments resist settling employee disputes, particularly in cases involving disability rights. Bronshteyn’s victory reflects both the recognition of her medical needs and the risks of drawn-out litigation for state agencies. What began as a claim for workplace accommodations has turned into an $8 million outcome that California taxpayers will ultimately bear.
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CA owes $5M in legal fees after losing lengthy disability discrimination case
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