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Employment Law
ADA
Failure to Accommodate

Sean Wilder v. City of Riverside

Published: Jan. 28, 2022 | Result Date: Dec. 15, 2021 | Filing Date: Feb. 10, 2020 |

Case number: RIC2000614 Verdict –  $1,494,583

Judge

Craig G. Riemer

Court

Riverside County Superior Court


Attorneys

Plaintiff

Jamon R. Hicks
(Douglas Hicks Law APC)


Defendant

Douglas C. Smith
(Smith Law Offices LLP)


Facts

Plaintiff Sean Wilder is a disabled veteran who was hired by Defendant City of Riverside in 2017 as a Utility Electrical Engineering Manager. Wilder was to sit for the Principles and Practice of Engineering (PE) exam once hired. Wilder requested accommodations for the PE exam based on a mental disability, specifically a traumatic brain injury (TBI) and Post Traumatic Stress Disorder ("PTSD") from his time in combat, but the City refused to grant his request. As a result of not getting the proper accommodations, Wilder did not pass the PE exam. As a result of not passing the exam, Wilder was unlawfully and wrongfully terminated.

Settlement Discussions

Last offer was $50,000; Last demand was $1,200,000

Specials in Evidence

Loe: $419,583 Future Loe: $525,000

Damages

$1,494,583 ($419,583 lost earnings; $525,000 future lost earnings; $300,000 past emotional distress; $250,000 future emotional distress)

Injuries

Emotional distress.

Result

Verdict in favor of plaintiff against the Defendant City of Riverside for: disability discrimination; failure to accommodate; failure to engage in the interactive process; and retaliation.

Deliberation

Four hours

Poll

8-0

Length

11 days


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