Howell

BACKGROUND

Howell worked for DSH as a temporary pre-licensed psychiatric technician between January 2, 2020 and January 24, 2020.1 DSH houses patients who are involuntarily committed to medical treatment, including criminal defendants deemed incompetent to stand trial, patients found not guilty by reason of insanity, and offenders with mental disorders, among others. Pre-licensed psychiatric technicians provide nursing and psychiatric care to DSH’s disabled patients and have physical job duties like crisis intervention and restraining patients who pose a risk to themselves or others. “As part of the hiring process,” Howell underwent a pre-employment health screening, which required Howell to disclose, among other things, “[a]ny disorders of the nervous system,” any “[l]ung or respiratory trouble,” and any “[s]hortness of breath.” Although Howell disclosed having asthma, she responded “no” to all other screening questions. However, Howell had been previously diagnosed with major depressive disorder and posttraumatic stress disorder following a 2017 sexual assault by a patient inmate at a California Department of Corrections and Rehabilitation (CDCR) hospital in Stockton, where…