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Employment Law
Discrimination
Discrimination Based on Disabilities

Anthony White v. City of Los Angeles; Los Angeles World Airports, and Does 1 through 10, inclusive

Published: Apr. 25, 2015 | Result Date: Jan. 27, 2015 | Filing Date: Jan. 1, 1900 |

Case number: BC486269 Verdict –  Defense

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

Heather Appleton

Cherryl F. Cercado


Defendant

Nicole McAtee

Rodolfo F. Ruiz
(Vanderford & Ruiz LLP)

Ashley M. Heggi


Facts

Anthony White sued the City of Los Angeles, and Los Angeles World Airports, in connection with an employment dispute.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he started working for LAWA in 1999 as a day shift custodial supervisor. Plaintiff was placed on the graveyard shift. Plaintiff claimed that over the next 18 months, 5 day shift positions became open and available, but defendants refused to transfer plaintiff from the graveyard shift. Plaintiff claimed that after he returned from a lengthy medical leave, defendants failed to reinstate him to his position of day shift custodial supervisor. Plaintiff contended that his doctors recommended his reinstatement to day shift because of his medical condition, and plaintiff claimed, defendants' refusal to do so constituted discrimination based on disabilities. Plaintiff contended defendants refused to renew plaintiff's security badge after Dec. 30, 2009, and formally initiated termination proceedings against him on April 5, 2010. Instead of being terminated, plaintiff resigned in June 2010.

Plaintiff sued defendants for retaliation, harassment, discrimination, failure to accommodate disabilities, failure to engage in the interactive process, and failure to prevent discrimination, harassment, and retaliation.

DEFENDANTS' CONTENTIONS:
Defendants contended they had legitimate reasons for their conduct that were both non-discriminatory and non-retaliatory. Defendants also contended that TSA regulations precluded them from providing plaintiff with a badge after plaintiff pled guilty to criminal charges of felony identity theft and forgery. Additionally, defendants also contended that plaintiff was not forthcoming about his alleged limitations, which precluded them from providing him with reasonable accommodations.

Damages

White sought $28,182 in lost wages and an unspecified amount for emotional distress damages.

Injuries

White claimed he suffered emotional distress.

Result

The court granted defendants' motion for nonsuit as to White's retaliation and harassment claims. The jury thereafter found in favor of defendants as to White's remaining claims.

Other Information

Plaintiff has filed motions for Judgment Notwithstanding the Verdict and a New Trial. Defendants have filed a Motion for an Undertaking. Plaintiff has also filed a motion to strike and/or tax costs requested by defendants, and a motion for reasonable expenses including reasonable attorney fees.

Deliberation

three hours

Length

14 days


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