Lui
Lui v. City & County of San Francisco
Opinion
Lead Opinion
Simons, J.
Following a court trial, the trial court entered judgment in favor of defendant and respondent City and County of San Francisco (defendant) on causes of action brought by plaintiff and appellant Kenneth Lui (plaintiff) under the California Fair Employment and Housing Act *965 (FEHA) (Gov. Code, § 12900 et seq.). 1 Plaintiff, who had suffered a major heart attack, retired from his position as a police officer in the San Francisco Police Department (Department) 2 after the Department informed him there were no administrative positions available that did not require him to perform the strenuous physical duties regularly performed by patrol officers in the field. On appeal, plaintiff contends, among other things, the trial court erred in finding that strenuous duties—such as making forcible arrests and chasing fleeing suspects—are essential functions of the administrative positions he sought within the meaning of the FEHA. We affirm, concluding the evidence supports the trial court’s finding that, even though officers in administrative positions are not frequently required to engage in such activities, the strenuous duties are essential functions of the positions because the…