Davis

BACKGROUND AND FACTS

A. Previous Mandate Proceedings

We take some of the background facts from our prior opinions. Until 2009, Davis held

several positions in County employment, most recently as an associate air pollution control

engineer with the Vapor Recovery/Chemical Engineering section of the Air Pollution Control

District (the District). In July 2008, the District provided him with a Performance

Improvement Plan (PIP) to assist him in correcting several areas of deficiency. Davis did not

complete the 2008 PIP, and took a nine-month leave of absence because of an injury.

In July 2008, Davis filed a complaint of sex and race discrimination and retaliation

under FEHA. In April 2009, he filed a FEHA complaint for disability and racial

discrimination . He received right-to-sue letters.

Davis returned to work in June 2009 "with a 25 [percent] reduction in keyboarding

work restriction." The District provided him with a second PIP and accommodated his work

restriction. Davis understood the District "generates revenue based upon charging time to

projects." Further, he was expected to process at least four applications for a permit to operate

(PO) per day and submit…