Facts

FACTS ACCORDING TO THE PLAINTIFF: Plaintiff Ray Welch joined defendant Anaheim Police Department in 1972. He was promoted to sergeant in 1983 and to lieutenant in 1989. Because of injuries he suffered in the line of duty, he was placed into a modified duty program run by defendant City of Anaheim for the police department. The program was designed to give officers with disabilities meaningful work and to allow them to remain eligible for promotions. The plaintiff's work restrictions were that he could not do any heavy lifting, bending, stooping, or prolonged sitting or standing. He was assigned as a special projects lieutenant. After being placed in the modified duty program, he continually requested different assignments, which is consistent with the manner in which other lieutenants are rotated. He hoped to develop a wide array of experiences in order to assist him in being a viable candidate for promotion to captain. He was never rotated to a different assignment and was not selected for captain in 2000 or 2001. After registering his complaints with the human resources department, which did not conduct an investigation, and then with the Department of Fair Employment and Housing, he was moved from the main police headquarters to a sub-station in east Anaheim. FACTS ACCORDING TO THE DEFENDANTS: The plaintiff's position as a special projects lieutenant was developed as a result of an interactive process through an occupational therapist and with the written agreement and participation of the plaintiff. He signed the job analysis, which stated that he was unable to perform the full duties of a sworn police officer such as engaging in the physical altercations and other physical activities occasioned by police field work. In early 2000, the plaintiff expressed a desire to be a Bureau Commander with a full staff to supervise. The defendants did not transfer him because the plaintiff had poor people skills and had been counseled a year earlier by his supervisors, after they had received numerous complaints about him and, also, because Bureau Commanders were required to respond to calls in the field, which the plaintiff was restricted from doing. In April 2000, the plaintiff was rated the least qualified lieutenant up for captain promotions by eight independent evaluators. The evaluators had no knowledge of the plaintiff's modified work assignment and/or physical restrictions. The plaintiff, as well as the rest of the Training Division of the police department, was assigned to work in the new Anaheim Hills facility.

PLAINTIFF CONTENTIONS:
The plaintiff contended that as a special projects lieutenant he had no management or budgetary responsibilities or supervision of other staff like the other 12 lieutenants on the force. He also alleged that the chief of police told him that he was never going to be rotated to a different assignment nor would he ever be considered for a captain promotion. The plaintiff contacted human resources and indicated that he believed he was not being considered for different assignments or promoted because of his disability. After registering his complaints, he did not receive any information from the human resources department that it was going to conduct an investigation. The plaintiff filed a complaint with the Department of Fair Employment and Housing. In retaliation for filing his complaints, the plaintiff contended that he was stripped of his limited work responsibilities and moved from the main police headquarters to a sub-station in east Anaheim. DEFENDANTS

The plaintiff contended that as a special projects lieutenant he had no management or budgetary responsibilities or supervision of other staff like the other 12 lieutenants on the force. He also alleged that the chief of police told him that he was never going to be rotated to a different assignment nor would he ever be considered for a captain promotion. The plaintiff contacted human resources and indicated that he believed he was not being considered for different assignments or promoted because of his disability. After registering his complaints, he did not receive any information from the human resources department that it was going to conduct an investigation. The plaintiff filed a complaint with the Department of Fair Employment and Housing. In retaliation for filing his complaints, the plaintiff contended that he was stripped of his limited work responsibilities and moved from the main police headquarters to a sub-station in east Anaheim. DEFENDANTS CONTENTIONS:
The defendants contended that the plaintiff was not "otherwise qualified" for the transfers and promotions he sought. He was rated the least qualified lieutenant, which was unrelated to his disability, by an outside consultant. He was not assigned to Bureau Commander because he could not perform the essential functions of a full duty Bureau Commander. The defendants denied there was an adverse employment action. The plaintiff received the same lieutenant salary, was given the same lieutenant merit increases, kept the same lieutentant rank, was eligible for promotions, and retired with a pension benefit of 85 percent of his salary for life. If he was rated higher on the captain's candidates list by the outside consultant, a job analysis for a modified captain assignment would have been done. The defendants further contended that the plaintiff's complaints about his job duties being stripped from him and his job assignments not being meaningful were subjective and inaccurate.

Settlement Discussions

The plaintiff demanded $300,000 at the MSC and then raised it to $500,000 before trial commenced. The defendant did not make a settlement offer.

Damages

The plaintiff claimed loss of enjoyment of life, emotional distress, and humiliation.

Other Information

The defendants are pursuing all appropriate post trial motions and appeal.

Deliberation

3.5 hours

Poll

12-0 (disability discrimination), 11-1 (retaliation), 11-1 (economic damages), 12-0 (non-economic damages)

Length

10 days