In March 2015, plaintiff Kimberly Ludlam, a recruit within the San Diego Police Department’s police academy, was recovering from a shoulder injury when she was allegedly forced to decide between accepting a demotion or resigning. Ludlam had fractured her shoulder during training exercises in May 2014. She required arthroscopic surgery, and in March 2015, she returned to work in an administrative position within the police department to allow her shoulder time to heal. Ludlam claimed that when she returned to work, her supervisor forced her to immediately decide between resigning and being demoted to a clerical position. She claimed that when she rejected the two options and informed her supervisors that the department policy required injured recruits time to heal, she was fired. Ludlam also claimed that other injured female recruits were treated similar to her even though injured males were given time to heal. Ludlam sued her employer, the city of San Diego. She alleged that the city’s actions constituted gender discrimination, disability discrimination and failure to accommodate in violation of California’s Fair Employment and Housing Act. The city’s counsel asserted that the city properly accommodated Ludlam at all times and offered Ludlam the opportunity to transfer to another position within the city, which Ludlam refused. Counsel also denied that Ludlam was treated differently than male recruits. Defense counsel contended that when Ludlam returned to work in a police administrative position to allow her time to heal, Ludlam indicated that the earliest she could return to the police academy would be October 2015. Counsel asserted that as a result, in March 2015, while Ludlam was still recovering, Ludlam was asked to have her position reclassified as a civilian position within the police department until she was able to return to the police academy, but that Ludlam refused to reclassify herself and ultimately failed her probation., Ludlam claimed that she suffered emotional distress as a result of the alleged events and that she suffered a loss of earnings as a result of being terminated. Ludlam sought recovery of lost wages and damages for her emotional pain and suffering. She also sought recovery of attorney fees and costs.