Los Angeles Police Detective’s Claims Of Harassment And Retaliation For Use Of Sick/Disability Time Yields $2.1 Million Verdict
June 16, 2016 - A Los Angeles police detective’s claim that she was discriminated against because of her use of sick/disability time, in violation of California’s Fair Employment and Housing Act (FEHA), was resolved in April of 2016 by a $2.1 million jury verdict in her favor. Maria Elena Montoya, a Detective III in the Newton Division of the Los Angeles Police Department (LAPD), claimed that she suffered a recurrence of a work-related back injury while on vacation on Nov. 26, 2011, keeping her off work from Nov. 28, 2011 to Jan. 17, 2012. Montoya sent documentation and called the Division, but rumors abounded that she had been abusing her sick time, and an audit was ordered. Additionally, when she returned to work, she found that her 15-year assignment was switched from the sex and juvenile crimes table to the burglary and theft table, ostensibly to send her a message.
Montoya reported her belief that she was being retaliated against for use of her sick and injury time, and the following day suffered a severe panic attack requiring emergency medical treatment at a local hospital. More claims of retaliation followed when her commanding officer allegedly delayed her workers compensation benefits. On Feb. 13, 2012, Montoya's psychiatrist found her to be temporarily totally disabled, and LAPD suspended her peace officer powers. Montoya did not return to work and received a disability pension.
On April 2, 2013, a complaint was filed in the Superior Court of California, Los Angeles County. In a first amended complaint filed on Sept. 18, 2013, Montoya alleged claims against the City of Los Angeles and the LAPD, for discrimination, harassment, and retaliation in violation of the FEHA and Cal. Labor Code Section 1102.5. More specifically, Montoya alleged that the City discriminated against her because of disability and the use of sick and injured on duty benefits and retaliated against her for reporting and complaining about the alleged discrimination. The City denied both the discrimination and retaliation claims.
After a jury trial presided over by Judge Rita Miller, the jury rendered a verdict on April 5, 2016, finding for the City on the disability discrimination claim and Montoya on the FEHA retaliation claim. The jury awarded Montoya total damages of $ 2,101,969, including $ 187,463 for past economic loss, $ 1,414,506 for future economic loss, $ 250,000 for past noneconomic loss, and $ 250,000 for future noneconomic loss.
Matt McNicholas, one of Montoya’s attorneys stated: “After 17 years of service, we demonstrated that the Department ran the plaintiff off the job because of her use of disability time. We provided testimony that evidence was not preserved and was in fact, hidden.”
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