Wittkopf

Wittkopf v. County of Los Angeles

Good Law
109 Cal. Rptr. 2d 543·90 Cal. App. 4th 1205
Court of Appeal of CaliforniaOctober 10, 2001B139304California5,003 words

Opinion

Opinion

Appellant Marshall Wittkopf was employed by the County of Los Angeles until terminated in April 1998 for reasons he contends were discriminatory. On this appeal from grant of summary judgment in favor of the County, we hold: (1) the trial court erred in granting judgment in the County's favor on the ground that Wittkopf was not "substantially limited" in his ability to participate in a major life activity; (2) material factual issues remain as to whether the County was justified in terminating Wittkopf because he presented a danger to himself, and whether promotion was a reasonable accommodation for Wittkopf s disability; and (3) Wittkopfs claim of discrimination with respect to the County's refusal to reinstate him in 1995 is time-barred.

For the last 18 of his 28 years of employment with the County, Wittkopf worked as a Senior Building and Equipment Maintenance Worker at the County's Department of Health Services. As the employee "in charge of the carpentry shop," Wittkopf's regular job duties included the repair and construction of new and existing buildings, all of which involved substantial electrical, equipment and plumbing repair, as well as carpentry,…

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