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Department of Fair Employment And Housing v. County of San Bernardino Sheriff's Department11/17/2003
Plaintiff and appellant California Department of Fair Employment and Housing (plaintiff) appeals from the trial court's judgment, which found that defendant and respondent County of San Bernardino Sheriffs' Department (defendant) did not discriminate against Bernard Anthony Skiles (Skiles) on account of a physical disability.
On appeal, plaintiff contends: (1) the substantial evidence at trial supported a judgment in favor of plaintiff because defendant violated unlawful discrimination practices pursuant to the Fair Employment and Housing Act (FEHA) by refusing to hire him and because defendant failed to meet its burden with respect to asserted affirmative defenses; (2) defendant failed in its duty to consider and provide reasonable accommodation of a known physical disability; and (3) defendant failed to take all reasonable steps necessary to prevent discrimination and harassment from occurring. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 1995, while Skiles was on vacation with his wife in Mexico, he fell to the ground from a second-story balcony. Since Skiles was in the Marine Corps, his wife arranged for him to be flown to a military hospital in Texas, where surgery was performed. Skiles continued to experience pain, and a second surgery was performed. He finally had a third surgery to remove the titanium rods which had been implanted in his back during the first surgery. Skiles elected not to return to active duty in the Marines and was discharged.
In 1998, Skiles began the application process with defendant to become a deputy sheriff trainee. He passed the written examination, the physical agility test, the background investigation, and the selection interview. He was disqualified at the medical examination phase.
On January 26, 2001, plaintiff filed a complaint against defendant (the complaint), on behalf of Skiles, attempting to recover damages and injunctive relief. The complaint sought recovery on the following theories: (1) defendant discriminated against Skiles by refusing to hire him, "on the basis of a physical disability and/or a perceived physical disability condition," in violation of Government Code section 12940, subdivision (a) (first cause of action); (2) defendant failed to provide Skiles with a discrimination-free workplace, in violation of section 12940, subdivision (k) (second cause of action); (3) defendant failed to reasonably accommodate a known disability, in violation of Government Code section 12940, subdivision (m) (third cause of action); and (4) for an injunction compelling defendant to comply with the FEHA (fourth cause of action).
Both parties waived a jury, so the matter proceeded to a court trial on April 15, 2001. The following evidence was presented at trial.
Duties of a Deputy Sheriff
Plaintiff presented the testimony of Dr. Eugene Hubbard, who was an orthopedic surgeon, a martial arts expert, and a retired reserve police officer for the City of Compton. Dr. Hubbard testified that deputies in San Bernardino County spend 99.9 percent of their time riding around in cars -- getting in and out -- answering calls, and doing reports.
However, on cross-examination, Dr. Hubbard admitted that he had never worked for San Bernardino County as a deputy sheriff and had never done any surveys to determine what deputies in San Bernardino County actually do. However, he also admitted that he never read any job description or requirements for a San Bernardino County deputy sheriff, until he was on the witness stand. He based his opinion on his experience of being a reserve police officer in Compton for 28 years.
As part of its requirements for
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