Furtado v. State Personnel Board
212 Cal. App. 4th 729
| Cal. Ct. App. | 2013Background
- Furtado, a long-time Department employee, sustained permanent injuries to his left arm after a 1997 off-duty accident, impairing grip and range of motion.
- Post-injury, physicians indicated he could not perform the duties of a correctional lieutenant, leading to a 1999 medical demotion to a non-peace-officer staff services analyst.
- In 2002, he was reinstated to correctional lieutenant but could not meet baton qualification requirements after testing revealed significant left-arm limitations.
- Furtado requested accommodations (e.g., waiver of baton certification or administrative lieutenant assignment); the Department found no feasible accommodation.
- The Department eventually medically demoted him to an Associate Governmental Program Analyst in 2004 after Dr. Davidson opined he could not perform essential lieutenant functions, and the SPB upheld this decision.
- The trial court affirmed the SPB, and this appeal challenges the SPB’s conclusions on accommodation, discrimination, and the legitimacy of the medical demotion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FEHA reasonable accommodation viability for Furtado | Furtado asserts feasible accommodation exists | Department contends no reasonable accommodation possible | SPB ruling upheld: no accommodation feasible; baton qualification essential |
| Whether baton proficiency is an essential function | Batons not essential; accommodation possible | Baton proficiency essential for officer safety | SPB supported: baton proficiency essential and not waivable |
| Discrimination vs. failure to accommodate under FEHA | FEHA violated by demotion | No discriminatory animus; demotion based on incapacity | SPB decisions sustained; demotion proper and non-discriminatory |
| Substantial evidence supporting medical demotion | Evidence insufficient to demote | Medical evidence shows inability to perform lieutenant duties | SPB findings supported; demotion to non-peace-officer appropriate |
Key Cases Cited
- Raine v. City of Burbank, 135 Cal.App.4th 1215 (Cal.App.6th Dist. 2006) (duty to reassign when able and vacancy exists; not creating new jobs)
- Jensen v. Wells Fargo Bank, 85 Cal.App.4th 245 (Cal.App.1st Dist. 2000) (elements of failure to accommodate FEHA claims; qualifications focus on reassignment suitability)
- Quinn v. City of Los Angeles, 84 Cal.App.4th 472 (Cal.App.2d Dist. 2000) (applicant/Hiring context for FEHA; qualifications required; limits of liability for not hiring)
- Green v. State of California, 42 Cal.4th 254 (Cal.1997) (qualified individual must be able to perform essential functions with/without accommodations)
- Coleman v. Dept. of Personnel Admin., 52 Cal.3d 1102 (Cal. 1991) (scope of court review in SPB mandamus actions; substantial evidence standard)
- Camarena v. State Personnel Bd., 54 Cal.App.4th 698 (Cal.App.4th Dist. 1997) (standard for upholding SPB findings; do not reweigh evidence)