|
|
Shelton v. City of Manhattan Beach9/28/2004
Fair Employment and Housing Act (Gov. Code, § 12940 et seq.): sexual orientation discrimination, against the city (first); sexual orientation harassment, against all defendants (second); retaliation for complaining about sexual orientation discrimination, against the city and Chief Klevesahl (third); and "failure to prevent and correct sexual orientation discrimination and retaliation," against the city (fourth).
On August 26, 2002, five days after he filed his complaint in the trial court in this matter, plaintiff was interviewed on a Los Angeles radio station. Plaintiff discussed his sexual orientation and his allegations against the city and the individual defendants. Plaintiff testified at his deposition as follows: "Q Do you remember responding to the question from [one of the interviewers], saying, quote: `I had no problems with the anti-gay slurs and the jokes. I understand it's a cop thing[?'] [ ] A Absolutely if that is in fact what I said. I can't tell you whether I said it or not. I wouldn't normally have a problem with it. I survived 14 years on the job listening to it. If I had a significant problem with it, I wouldn't have made it. [ ] Q And was that the truth when you said that on the . . . radio show? [ ] A It's the truth now."
Plaintiff's deposition testimony further included the following: "Q And anti-gay slurs never bothered you, did they? [ ] A Sure they did. [ ] Q Did you ever tell anybody that anti-gay slurs didn't bother you? [ ] A That they didn't bother me? [ ] Q Yes. [ ] A Well, what I have said is that being third generation [police officer], I prepared myself for the fact that that was going to be part of the job, and you just have to accept it. But internally, of course, it bothers you. I mean, you don't jump the gun, and let everything that is said bother you or you would be crazy. It's just . . . . [ ] Q Did you ever tell anyone that even if it was a joking matter, I can take it . . . . [ ] A Even if was a joking matter? [ ] Q The anti-gay slurs, did you ever say that? [ ] A That I can take it? [ ] Q Yes. [ ] A I can take it."; "Q Even people who made antigay slurs you were friendly with? [ ] A Sure. [ ] Q So it must not have offended you? [ ] A It offended me deeply inside."
B. Defendants' Investigation of Plaintiff's August 22, 2001, Internal Complaint
Defendants submitted evidence concerning the internal affairs investigation of the allegations in plaintiff's August 22, 2001, internal complaint. Captain Marshall forwarded plaintiff's August 22, 2001, internal complaint to Chief Klevesahl on August 23, 2001, together with recommendations as to how it should be handled. Four days later, on August 27, Chief Klevesahl indicated he was considering the recommendations. Eight days after Chief Klevesahl received the complaint, on August 31, 2001, after consulting with the city's human resources manager, Chief Klevesahl assigned a lieutenant to conduct an in
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Show All Case Laws California PEO
|