Case details

Ageist comments began after new police chief started: plaintiff

SUMMARY

$300000

Amount

Mediated Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In August 2016, plaintiff Clark Fogg, 54, a forensic specialist and supervisor of the city of Beverly Hills’ crime lab, was demoted. Fogg claimed that he began to be harassed and discriminated against because of his age after a new police chief started in April 2016. He alleged that he heard harassing comments and that his crime lab supervisory duties were ultimately removed and assigned to a less experienced sergeant. Fogg sued the city of Beverly Hills, alleging age discrimination and workplace harassment. Fogg claimed that after the new police chief started in April 2016, he mainly heard harassing comments from her about his age, about retirement and about “moving on.” He also claimed that he began hearing similar comments from other officers who seemed loyal to the new police chief. Fogg claimed that the behavior continued for the next five to six months, during which time he was demoted and subjected to unwarranted and unfounded internal investigations as a result of having his supervisor title taken away. Defense counsel denied the alleged comments were made and contended that retirement talk was common in the department. Counsel also contended that the police chief did not have any recollection of talking with Fogg and neither did anyone else who was accused of making the alleged comments. In addition, defense counsel contended that the police chief assigned the sergeant to oversee the day-to-day operations in the crime lab based on operational needs and had nothing to do with Fogg’s age., Fogg claimed that his corner office and many of his duties were taken away and that he had to sit with other forensic specialists, despite having 36 years of experience with the department, including 11 years as their supervisor. He claimed that as a result, he suffered from emotional distress and saw a therapist for a few months at that time. Defense counsel denied Fogg suffered any damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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