LAPD Officer Wins Disability Bias Verdict
A Los Angeles appeals court on Thursday upheld the claims of an injured Los Angeles police officer against the LAPD for discrimination, retaliation and failure to make reasonable accommodation, court documents show Shoemaker vs. City of Los Angelesfiled in the Court of Appeals of California, Second District, Division Seven.
After injuring his knee twice on the job and undergoing surgery, Jeffrey Shoemaker was offered a variety of light duties by the Los Angeles Police Department during his rehabilitation, but was told there was no position available at his current location to complete his compensate for temporary disability.
Informed by others that jobs he preferred were available in his location, Mr. Shoemaker sued the City of Los Angeles for discrimination based on disability, retaliation, failure to make reasonable accommodation, and failure to participate in an interactive process in good faith to participate in violation of the fair Labor and Housing Act.
Mr. Shoemaker’s first amended complaint raised four causes of action: failure to make reasonable accommodation, failure to participate in a good faith interactive process, discrimination and disability retaliation, all violations of FEHA. The District Court granted the city’s motion for the judgment.
“Because there were valid questions of fact as to whether the city breached its good faith obligation to participate in the interactive process by misrepresenting the availability of light duties for which the officer was qualified,” the statement said Court documents, the Court of Appeals ordered to reverse the order and issue summary judgment.
The court affirmed the summary judgment order on the remaining three pleas of disability discrimination, retaliation and failure to provide reasonable accommodation.