Plaintiff Failed To Engage In Interactive Process Required By FEHA.

A Department General Order requires that when a police officer returns to full duty after a period of temporary duty, the officer must be able to perform the essential functions of the full duty police officer position. Here plaintiff started as a police officer in 1981 until 2005 when he suffered a severe heart attack and had five stents inserted. In 2006, he returned to work in a 365-day temporary duty assignment involving light-duty work. At the end of his temporary duty, the officer’s doctor stated in a note to the department that the officer “may return to full duty as a police officer. However, because he has coronary artery heart disease, his responsibilities should not include physically strenuous work.” Plaintiff was given an opportunity to search for vacant positions that were not classified as sworn police officer positions, but he rejected that option because of the untoward effect it would have on his pension. Plaintiff instead retired in 2008 and filed an action alleging violation of the California Fair Employment and Housing Act [FEHA; Government Code section 12900]. The trial court rejected plaintiff’s discrimination and failure to accommodate claims and entered judgment in favor of the department. The appellate court affirmed, finding the department had a legitimate reason for its actions and that plaintiff failed to engage in the interactive process mandated by FEHA.  Lui v. City and County of San Francisco (Cal. App. First Dist., Div. 5; December 11, 2012) 211 Cal.App.4th 962.