Case details

Veteran not accommodated for professional exam: lawsuit

SUMMARY

$1494583

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 30, 2019, plaintiff Sean Wilder, a disabled Veteran who worked as utility electrical engineering manager, was terminated from his position with the city of Riverside. Prior to his termination, Wilder complained to one of his supervisors about another supervisor with whom he previously had a consensual relationship. Wilder claimed that the other supervisor, Staci Sullivan, was harassing him. He also complained about not being given an accommodation for an exam because of his disabilities. One week later, Wilder was fired. Wilder sued the city and Sullivan. Wilder alleged that Sullivan’s actions constituted sexual harassment and that the city failed to prevent harassment. He also alleged that the city’s actions constituted disability discrimination, failure to accommodate a disability, retaliation and failure to engage in the interactive process, all in violation of California’s Fair Employment and Housing Act. Wilder claimed that he was in a consensual relationship with Sullivan from October 2017 until he ended their relationship in January 2018. However, he claimed that after he ended the relationship, Sullivan continued to harass him because she wanted to continue their relationship. Wilder further claimed that he requested an accommodation to sit for the "Principles and Practice of Engineering" exam, which was not required for his employment, because he is a disabled Veteran who suffers from a traumatic brain injury and post-traumatic stress disorder from his time in combat. However, he noted that the city denied his March 2019 request and that as a result, he failed the exam. Wilder alleged that he eventually complained to another supervisor about Sullivan harassing him and about not being given an accommodation for the exam because of his disabilities, but that he was fired one week later in retaliation for his complaints. Sullivan denied that she harassed Wilder. The city denied that it failed to accommodate Wilder, and contended that the exam was not a requirement for Wilder’s employment with the city. The city further contended that Wilder’s termination was unrelated to Wilder’s complaints one week earlier., Wilder was hired by the city in September 2017, and he was terminated from his position on May 30, 2019. He was eventually able to find other employment since his termination, but he claimed he does not earn as much as he did working for the city. Wilder claimed he suffers from emotional distress from the events. He alleged that he will need ongoing counseling for the stress of being terminated from his position with the city. Wilder sought recovery for his past and future loss of earnings, and past and future emotional pain and suffering.
COURT
Superior Court of Riverside County, Riverside, CA

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