Tulette

FACTS AND PROCEDURAL BACKGROUND

I. Facts1

A. Employment history James Tulette (plaintiff) was born in October 1967. In August 1991, he joined the El Segundo Fire Department (the Department) as a firefighter. By 2010, he had risen to the position of captain, which is the third-highest position in the Department behind battalion chief and fire chief. Plaintiff engaged in several unpaid and voluntary extracurricular activities with the Department. First, plaintiff participated in the Department’s Urban Search and Rescue (USAR) program. That program provides “advanced lifesaving rescue assistance during natural or manmade disasters.” Participation in the program is voluntary, unpaid, and has no impact on a firefighter’s position within the Department. Plaintiff started participating in 1993; in 2010, he was named the Department’s USAR “program coordinator.” Second, plaintiff trained other firefighters as part of the Department’s training cadre. Serving as a training officer is also

We have construed any conflicts in the evidence in favor of the party opposing summary judgment, which renders those conflicts immaterial. (Wilson v. 21st Century Ins. Co. (2007) 42 Cal.4th…