In September 2006, plaintiff Dahlia Vargas, 22, learned that her online application for the city of Long Beach’s communication dispatcher I position in the city’s police department was accepted. The process required her to then pass a civil service exam, a typing test, and then to interview with two individuals with the city and pass a physical exam. Consequently, the final stage of the process was for Vargas to undergo a polygraph screening as part of the background check for the police dispatcher position. Vargas claimed that on Jan. 17, 2007, when she presented for her polygraph screening with Dr. Edward Gelb, who the city had hired to administer the screenings, Gelb refused to give her the polygraph screening because he noticed on Vargas’ questionnaire that she was pregnant. Gelb allegedly informed Vargas that it was his policy to not perform the polygraph screening on pregnant women. However, Vargas claimed she was denied the request to sign a waiver of any claims related to the test so that she could complete the process. On Feb. 14, 2007, the city notified Vargas that she was not eligible for the position as she did not take the polygraph screening and, therefore, would not be considered for the position. The city said that Vargas would have to try again and start from the beginning of the application process if she wished to apply again. Vargas subsequently contacted the city and asked if she could apply again after she gave birth, to which she claimed the city told her that she would have to start the process from the beginning. Vargas sued the city of Long Beach, alleging that it discriminated against her in violation of Government Code § 12940. The city subsequently filed cross-complaints against Gelb, First Mercury Insurance Company and Intercept Inc., but the cross-complaints were all dismissed during trial. Plaintiff’s counsel argued that the city had an obligation to accommodate Vargas’ pregnancy. Specifically, counsel contended that the city could have chosen to delay the polygraph screening, or put Vargas’ application on hold and allow her to continue after she was able to. Plaintiff’s counsel also contended that the city could have utilized another method other than the polygraph screening to complete Vargas’ background qualification check for the position. In addition, the plaintiff’s expert in polygraph testing opined that the city could have used other means, as a polygraph is one of many tests to see if Vargas was eligible for the police dispatcher position. The city of Long Beach denied knowing that Vargas was pregnant. Defense counsel argued that Vargas’ inability to pass the polygraph screening was a non-waivable requirement in the city’s hiring process and that the city did not think it had to look for an alternative., Vargas claimed emotional distress from her discriminatory treatment by the city of Long Beach during the application process. She also claimed $225,000 in past lost earnings.