Gail N. ROLLER, Plaintiff-Appellant, v. CITY OF SAN MATEO Et Al., Defendants-Appellees

Appellant, in 1975, was the only woman police officer in the San Mateo, California, police department, and the first in the department’s history to serve equally with men on patrol duty. In April, 1975, she learned that she was pregnant. She advised the department of her pregnancy and was referred to the city doctor for examination. He found her to be three to four months pregnant, in excellent health and capable of performing “light duties” until late October or early November. He nevertheless recommended that she be relieved of her obligations as a sworn officer because such officers must be capable of responding to police emergencies. Appellant was forthwith relieved of all police duties and required to go on sick leave. She appealed that decision to the San Mateo Personnel Board, which denied the appeal after a brief hearing. Appellant promptly filed charges with the California Fair Employment Practices Commission and thereafter with the Equal Employment Opportunity Commission, and received a right-to-sue letter as provided in 42 U.S.C. § 2000e-5(f). Appellant then commenced this action, seeking reinstatement and back pay.

Two claims were asserted in her complaint: (4) That…