Confidential

Facts

The plaintiff, a 20-year-old exemplary employee of the defendant as a Security Officer, was terminated after suffering an on-the-job injury to his left knee. The defendant claims that the plaintiff could not perform the essential functions of the job because he was medically restricted to no climbing, running, walking on uneven ground, twisting or turning or prolonged standing. These permanent restrictions prohibited him from being able to rotate to all duty posts, which is an essential requirement. They prevented the plaintiff from foot patrol of the plant, which required climbing steps. They also created a risk of safety and harm to him and others because he was unable to affect arrests and respond to emergencies. He was required to carry a gun to protect against attacks as the plant does Top Secret projects for the U.S. military.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the termination was a pretext for discrimination. He could do the job if he was accommodated and not required to rotate to posts that caused a violation of his medical restrictions.

DEFENDANT'S CONTENTIONS:
The defendant contended that the Union Collective Bargaining Agreement required rotation and could not be violated to accommodate any employee. Similarly, the defendant's customers, including the U.S. government, required the security officers to be able to perform all posts.

Settlement Discussions

The plaintiff demanded $1 million (soft); the defendant offered $40,000 (soft but no more than $100,000).

Damages

Loss of earnings and emotional distress.

Result

Verdict: $1,033,000 ($733,000 economic; $300,000 non-economic).

Deliberation

one day

Poll

10-2

Length

nine days