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Employment Law
Failure to Promote
Racial Discrimination

Donald Harris v. City of Los Angeles

Published: Feb. 8, 1997 | Result Date: Jan. 24, 1997 | Filing Date: Jan. 1, 1900 |

Case number: BC106369 –  $0

Judge

Ronald E. Cappai

Court

L.A. Superior Central


Attorneys

Plaintiff

Patrick P. McNicholas
(McNicholas & McNicholas)


Defendant

Frederick N. Merkin

Vivienne A. Swanigan

James K. Hahn


Facts

In 1992, plaintiff Donald Harris, a 55-year-old African-American motor sergeant with the Los Angeles Police Department, applied for a Seageant II + 2 sworn pay grade advancement. The position was awarded to a male Caucasian. The plaintiff filed a grievance claiming the interview process was unfair and that there was racial discrimination. The chief of police found no evidence of racial discrimination, but ordered the interview process be undertaken a second time. A three person panel again selected the same male Caucasian. The plaintiff subsequently applied for a different Sergeant II position, which was also filled by a male Caucasian. The plaintiff brought this action against the defendant city of Los Angeles based on racial discrimination theories of recovery.

Settlement Discussions

The plaintiff made a pretrial settlement demand for back pay totaling approximately $12,000 and a pay-grade promotion. The defendant made a C.C.P. º998 offer of compromise for $1.

Specials in Evidence

$62,000 (past and future loss earnings)

Damages

The plaintiff claimed $1.2 million in general damages.

Other Information

The verdict was reached approximately two years and eight months after the case was filed. The jury believed there was no evidence of racial discrimination in the 1993 and 1994 promotional processes. Per the plaintiff, the jury consisted of nine Caucasions, two African-Americans and one Hispanic. The three votes for the plaintiff were from the minority jurors.

Deliberation

4 hours

Poll

9-3

Length

7 days


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