In 2012, plaintiff Garrett O’Haver, a labor compliance officer for the Los Angeles County Department of Public Works, applied for a promotion to head construction inspector, but was turned down. O’Haver claimed that he was passed over for promotion several times over the years and that the failure to promote him in 2012 was retaliatory for previously disclosing legal violations by the department. O’Haver sued the county of Los Angeles and the Department of Public Works. O’Haver alleged that the defendants’ failure to promote him constituted retaliation. Specifically, he claimed that he was never promoted because he disclosed that third-party contractors hired by the Department of Public Works had failed to pay prevailing wages to their employees. Defense counsel contended that O’Haver was not promoted because he lacked the experience necessary for the head construction inspector position. Thus, counsel argued that the reason O’Haver was not promoted had nothing to do with his alleged whistleblowing., O’Haver sought recovery of past and future lost earnings based on not receiving a promotion. He also sought recovery of damages for his emotional distress.