Plaintiff James Duffy, 63, who is white, worked as a gardener for the Los Angeles Department of Recreation and Parks for 20 years. He claimed that he was forced to retire after facing discrimination and harassment from his supervisors. Duffy claimed the discrimination and harassment escalated after he suffered a head injury in an on-the-job accident that led to short-term memory problems. Duffy claimed that he had complained several times about the discrimination and harassment he had endured, but claimed the city had taken no action. Duffy sued the city and his supervisors, Able Perez, Laura Bauernseind and Kevin Regan. The individuals were dismissed from the case. Duffy claimed discrimination and harassment based on race, ancestry and national origin; retaliation for complaining of such discrimination and harassment; discrimination and harassment on the basis of physical and mental disability; and retaliation for complaining of discrimination and harassment on the basis of age. Duffy claimed that despite his memory problems, the defendants harassed him by telling him he had not been given assignments when he had, or that he had failed to complete assignments that, in fact, he had never been given. Duffy alleged discrimination when he was transferred from one park to another park. He claimed that he was forced to retire. Duffy claimed one supervisor was a Mexican gang member who threatened to kill him, had tattoos and hated white people. Duffy alleged one of his supervisors asked to borrow $5,000, simply because he was a white male. Duffy claimed another supervisor allegedly drove by his location several times a week and asked him if he liked his job and called him a dumb white guy. Defense counsel maintained that there were no facts to support retaliation as his protected activity, noting that Duffy filed his Department of Fair Employment and Housing complaint almost a year after he retired from city, therefore no longer a city employee. As such, there was no opportunity for retaliation. The defense contended that the city and its employees did not discriminate against, harass or retaliate against Duffy based on his race or alleged disability., Duffy did not seek any counseling. Duffy requested lost wages, but received all wages until retirement. His lost wages claim was based on the fact that he claimed he would have retired at age 75 rather than take the city’s Early Retirement Incentive Program at age 63, which offered him a $15,000 cash bonus and $230 a month in additional pension benefits per month. It gave him pension credit for 3 years of work. He received benefits for 18 years of work when he only worked 15.