Malais

Plaintiff Gregory Malais, a “Captain II” with defendant Los Angeles City Fire Department (Department), appeals from the summary judgment in favor of the Department on his second amended complaint alleging causes of action for disability discrimination under the Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.; all further undesignated section references are to the Gov. Code) and adverse employment action in violation of public policy. Malais’s case was based on the Department’s refusal to assign him to command a fire station, his desired assignment, after the loss of his leg during a work-related accident. Malais contends that the trial court erred in finding that because the Department offered him other positions with comparable pay and promotion opportunities, he did not suffer an adverse employment action. We reject the contention and affirm the judgment.

FACTS

Malais joined the Department in 1980, and was promoted to Captain II in 2000. In 2002, he was injured in a work-related incident and as a result his right leg was amputated below the knee. Malais returned to work in a light-duty capacity in April 2003. In October 2003, Malais returned to work…