Disability Discrimination Verdict of $1,571,500 upheld in Los Angeles against City

In RORY CUIELLETTE v. CITY OF LOS ANGELES, B224303, the City appealed from a judgment of $1,571,500 in favor of Plaintiff, an LAPD Officer, on his claims of disability discrimination and failure to accommodate a disability under the California Fair Employment and Housing Act, Government Code section 12900, et seq. (FEHA).[1] On appeal, the City contended that substantial evidence did not support the trial court’s liability determination because the evidence showed that plaintiff was unable to perform the essential duties of a police officer with or without a reasonable accommodation. However the court held that even if defendant could not perform all of the essential functions of a police officer, he could perform the essential functions of a position into which he had been placed by the LAPD as a reasonable accommodation in accordance with its then existing practice. Accordingly, the Court of Appeals held that substantial evidence supported the trial court’s determination that the City was liable for a FEHA violation, and affirmed the judgment against the City.