On April 1, 2010, plaintiff Hector Arevalo, 54, a Superintendent Level II for the city of Long Beach, was told by his supervisor that he would not be permitted to interview for the open manager position. Arevalo, who had worked for the city for over 34 years, had applied for the city of Long Beach’s Maintenance Facilities Manager position three times, with the last time being in 2009. He was also working as acting maintenance facilities manager as of December 2009. However, Arevalo claimed that on April 1, 2010, his supervisor told him that he would not be permitted to interview for the open manager position because he was “too old” and because the city wanted someone in the position that would work there “for the next 20 years.” As a result, Arevalo immediately complained to Human Resources about the perceived age discrimination. However, he claimed that he was subsequently retaliated against for complaining about the discrimination. Arevalo sued the city of Long Beach for age discrimination, retaliation, and failure to prevent discrimination and retaliation in violation of the Fair Employment and Housing Act. Arevalo claimed that the Director of Maintenance for the Port of Long Beach told him that he was not promoted because the city wanted someone who would be in the Maintenance Facilities Manager position for the next 20 years. The Director of Maintenance for the Port of Long Beach, as well as the Director of Human Resources present at the meeting in question, denied that Arevalo was told that he was not promoted because they wanted someone for the following 20 years. Counsel for the city of Long Beach contended that during the time Arevalo held the temporary management position, Arevalo did not do a good job, as the city received complaints about the way he handled paperwork and dealt with personnel. Counsel also contended that Arevalo was not promoted to the position he applied for because, though he had technical knowledge, he lacked the paper-intensive, administrative skills, planning ability and additional skill-set that the position required., Arevalo continues to work in the position Superintendent Level II for the city of Long Beach. However, he sought recovery of $240,000 in economic damages for front and back pay, and $400,000 in non-economic damages for his emotional distress as a result of the alleged age discrimination. Defense counsel noted that Arevalo is a member of the International Association of Machinists, and that these union members were granted incentives that other city workers were not. Accordingly, defense counsel contended that Arevalo received pay increases over the past three years, though the position he applied for did not receive raises in 2008. As such, counsel argued that Arevalo is making more now, and has made more in the past three years, than he would have made if he had been given the promotion. Additionally, counsel contended that Arevalo is afforded civil service protection and does not have the same restraints that other managers face, such as not losing his pension benefits and being provided with a city-owned truck. Counsel further contended that non-union employee managers are given a car allowance to pay for their gas and other car fees. In addition, defense counsel contended that in 2002, when Arevalo was promoted to his current position and the Port of Long Beach went through reorganization during which managers were given more areas to cover, Arevalo was paid to handle three areas in the maintenance department, but only handled one. Thus, defense counsel argued that Arevalo was getting the pay of a Superintendent II position while doing the work of a Supervisor position, which was ranked lower.