Case details

Apprenticeship program denied failing to accommodate plaintiff

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In 2005, plaintiff Carlos Hurley began an apprenticeship with the Los Angeles County Electrical Joint Apprenticeship. Through the program, he was provided both training and work assignment with third-party contractors, receiving pay at an apprentice rate. In his fourth year of the five-year program, Hurley was placed on automatic suspension for refusing a job assignment, according to the apprenticeship, and was ultimately dismissed from the program. Hurley sued the operators of the apprenticeship program, Los Angeles County Electrical Joint Apprenticeship, Electrical Training Institute and Educational Training Committee; and the union, I.B.E.W. #11/L.A. N.E.C.A. Joint Apprenticeship. Hurley originally had nine causes of action, six of which were dismissed on a defense motion for summary judgment. Thus, he went to trial on causes of action for religious accommodation, retaliation and wrongful termination. However, the plaintiff’s claim for wrongful termination was ultimately dismissed on a defense motion for a directed verdict. Hurley, who is a Jehovah’s Witness, contended that he requested a religious accommodation that would allow him to attend bible study on Tuesday night. He claimed that he made the request because he was assigned a swing shift with hours of 3 p.m. to 11 p.m., and that he was willing to do the swing shift if the employer would accommodate his Tuesday night bible study. However, he claimed that the apprenticeship program failed to provide a reasonable religious accommodation, and that he was dropped from the program in retaliation for requesting one. Defense counsel contended that Hurley was required by his agreement with the program, and state-approved rules and policies of the program, to maintain a full-time work schedule and accept job assignments without debate. Counsel argued that during Hurley’s fourth year in the program, he was suspended for refusing the swing shift assignment, after being told by the program coordinator that he must accept the assignment. Defense counsel contended that it was only after the suspension that Hurley requested a religious accommodation from the program for the first time. Counsel contended that as a result, Hurley was requested to present evidence of the bible study at a meeting to be held regarding his suspension, but that Hurley never followed through with this request and was ultimately dismissed from the program. Defense counsel argued that accommodating Hurley’s request would have placed an undue hardship on the program. Counsel also presented testimony from the third-party contractor Hurley was assigned to for the swing shift. The contractor claimed that he would have accommodated Hurley’s request to attend bible study, but that Hurley requested time off for issues relating to his children and never mentioned anything about bible study., Hurley sought recovery of approximately $1.3 million in economic damages for his loss of salary and benefits that he would have earned as a union journeyman electrician with three different pension plans. Hurley further claimed that the defendants’ actions caused him emotional distress, specifically an adjustment disorder that has since gone into remission. Thus, he sought recovery of $500,000 in past general damages and $250,000 in future general damages. Defense counsel contended that Hurley could still rejoin the apprenticeship program and the union. Counsel noted that if the Hurley did rejoin the program, he would have the same opportunities to become a journeyman electrician, and contended that all of his future economic damages were subject to mitigation. Defense counsel further contended that the defendants did not cause Hurley any emotional distress.
COURT
Superior Court of Los Angeles County, Central, CA

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