Arbitrator finds DMC of Modesto liable in nurse’s disability discrimination case

An arbitrator ruled in favor of longtime trauma nurse Mavis Barnard in her case against Doctors Medical Center of Modesto, finding disability discrimination, failure to accommodate and retaliation. The interim award includes $150,000 in emotional distress damages and leaves attorneys' fees and costs for later briefing.

Why it matters: - The ruling adds another example of a California workplace disability case ending in an employee win through arbitration. - The award found Doctors Medical Center of Modesto liable for disability discrimination, failure to accommodate, failure to engage in the interactive process, failure to prevent discrimination and CFRA/FEHA retaliation. - Barnard was awarded $150,000 in emotional distress damages and was found to be the prevailing party.

What happened: - An arbitrator ruled in favor of Mavis Barnard, a former Clinical III trauma nurse at Doctors Medical Center of Modesto Inc., a Tenet Healthcare facility. - Barnard worked at DMC from 2004 until her resignation in December 2023. - The interim award was issued July 10, 2026, by arbitrator Judge Donald S. Black through the American Arbitration Association. - Barnard was represented by Shegerian Conniff LLP, with Senior Attorney Levon Derkalousdian as lead arbitration counsel and Senior Attorney Isabella DeSisto as second chair.

The details: - Barnard rose to Clinical III on the hospital’s clinical ladder and received positive performance reviews and multiple internal awards. - Beginning in 2018, Barnard developed back and leg pain. - A 2022 MRI confirmed nerve impingement. - Barnard repeatedly asked supervisor Jan Cartner for an ergonomic chair and desk. - DMC never provided the chair or desk. - DMC did not go through the process to evaluate the request. - In 2023, Barnard took medical leave for back surgery. - Emails cited in the arbitrator’s findings showed Cartner and supervisor Belinda Bearden called Barnard’s leave “bogus” and said they intended to “take her down” on the clinical ladder. - Barnard was later demoted from Clinical III to Clinical I over an MICN certification the arbitrator found she had renewed and submitted on multiple occasions. - DMC did not reverse the demotion until Barnard’s attorneys sent a demand letter. - Cartner and Bearden knew the certification had not expired months before the reversal. - The arbitrator denied claims for harassment, whistleblower retaliation, wrongful constructive termination and intentional infliction of emotional distress. - Attorneys’ fees and costs will be decided in further briefing. - The case was filed in Los Angeles County under case number CV-23-007464.

Between the lines: - The decision suggests arbitration can still produce meaningful relief for workers in discrimination cases, even when employers often view arbitration as a tougher forum for employees. - The sequence of leave, demotion and delayed correction likely strengthened the retaliation and accommodation findings. - The findings on internal emails and the certification issue point to documentary evidence playing a central role in the award.

What's next: - The parties will submit additional briefing on attorneys’ fees and costs. - The award remains interim until those issues are resolved. - Shegerian Conniff directed media inquiries to Brendan Egan at info@SimpleSEOGroup.com.