Court Reverses $2 Million Dollar Judgment Against City of Los Angeles for Retaliation
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- Published on Tuesday, 24 January 2012 06:53
The California Court of Appeal, 2nd District, has reversed a $2 million dollar judgment against the City of Los Angeles (City). The case involved Richard Joaquin, a Los Angeles Police Department officer, who complained of sexual harassment by Sergeant James Sands. The department investigated and concluded that Joaquin’s complaint was unfounded. Sands then pursued a complaint against Joaquin for filing a false sexual harassment charge. Internal Affairs investigated Sand’s complaint, agreed that Joaquin’s charge was without merit, and recommended that the matter be adjudicated by a Board of Rights. The Board of Rights found that Joaquin fabricated the charges and recommended termination. Subsequently, Joaquin was terminated. Joaquin then filed a petition for writ of mandate. The superior court granted the petition and ordered Joaquin reinstated, concluding that the evidence did not support the Board of Rights’ findings. Joaquin was reinstated. He then filed suit against the City alleging that the City terminated him in retaliation for filing a sexual harassment complaint, in violation of the Fair Employment and Housing Act (FEHA). A jury agreed and awarded Joaquin more than $2 million for lost wages and emotional distress.
The City appealed, arguing that the jury’s verdict was not supported by substantial evidence. The 2nd District Court of Appeal agreed and reversed the $2 million dollar judgment. Notably, in its decision the court focused in on the issue of whether “an employee may be disciplined if his or her employer concludes that the employee has fabricated a claim of sexual harassment, or whether such a complaint is insulated from discipline even where, as here, the employer determines that it was fabricated.” On this important point, the court noted that it was “not aware of any California case that has discussed” the matter although the question of whether “a false report of discrimination or harassment may lawfully be a basis for discipline has been addressed in federal cases interpreting title VII of the Civil Rights Act of 1964.” After reviewing several of these cases, the court concluded that “in appropriate circumstances, an employer may discipline or terminate an employee for making false charges, even where the subject matter of those charges is an allegation of sexual harassment.” Read More.