Quinn

Introduction

Plaintiff Eugene Quinn applied to be hired as a Los Angeles City police officer. He failed the medical exam because of a significant hearing impairment. However, due to a clerical error, he was notified to report for further tests. He passed those tests, was admitted to and graduated from the Police Academy, and was assigned to patrol duty. While a probationary patrolman, his hearing problem manifested itself in several ways, resulting in his eventual assignment to desk duty. After another hearing exam revealed his hearing impairment, the Los Angeles Police Department (LAPD) terminated him while he was still a probationary employee.

Plaintiff sued the City of Los Angeles (City) and went to trial on the theory his discharge constituted illegal disability discrimination in violation of the California Fair Employment and Housing Act (FEHA). (Gov. Code, § 12900 et seq.) City unsuccessfully moved first for a nonsuit and later for a directed verdict on the theory plaintiff had failed to establish a key element of his prima facie case: his qualification to be hired as a police officer. City relied upon the uncontested facts that plaintiff had failed the initial…