Cuiellette

Cuiellette v. City of Los Angeles

Good Law
123 Cal. Rptr. 3d 562·194 Cal. App. 4th 757·2011 Cal. App. LEXIS 477·24 Am. Disabilities Cas. (BNA) 1042·76 Cal. Comp. Cases 408
Court of Appeal of CaliforniaApril 22, 2011No. B224303California4,123 words

Opinion

Lead Opinion

Mosk, J.

*760 Opinion

INTRODUCTION

Defendant and appellant the City of Los Angeles (defendant or City) appeals from a judgment of $1,571,500 in favor of plaintiff and respondent Rory Cuiellette (plaintiff), a Los Angeles Police Department (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, defendant contends that substantial evidence does 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. 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, we hold that substantial evidence supports the trial court’s determination that defendant is liable for a FEHA violation, and therefore affirm the judgment.

BACKGROUND

I. Procedures

This matter is before us for the third…

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