Frank

Frank v. County of Los Angeles

Bad Law
149 Cal. App. 4th 805·2007 Cal. App. LEXIS 530·2007 Daily Journal DAR 4922·57 Cal. Rptr. 3d 430·100 Fair Empl. Prac. Cas. (BNA) 829
Court of Appeal of CaliforniaApril 12, 2007B169427, B172347California7,095 words

Opinion

Opinion

Epstein, J.

This is a race discrimination class action brought by a class of minority officers of the Los Angeles County Police against the County of Los Angeles, the Los Angeles County Sheriff’s Department, and the Los Angeles County Department of Health Services (collectively County). The County appeals from a judgment finding it liable for backpay and other relief to all County police officers, including nonminority officers, who were employed when the class was certified, with the exception of supervisory officers and trainees. We conclude that the jury’s liability verdict on the theories of disparate impact and disparate treatment racial discrimination must be reversed. Plaintiffs failed to establish a basis for a disparate impact claim as a matter of law, and the jury’s verdict on disparate treatment is not supported by the evidence. In light of these conclusions, with a single exception which we shall note, we do not reach other issues raised by the County in its appeal, or the arguments raised by plaintiffs in their cross-appeal.

In summary, plaintiffs established that some 70 percent of officers in the County police classification are minority members and 30 percent are…

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