A former Los Angeles Department of Water and Power employee will have to shore up his lawsuit alleging that he was a victim of age and disability discrimination when he was terminated, a judge has ruled.
Plaintiff Brett A. MacDonald, now 73, was hired in February 1982 as a duplicating and mailing equipment repairman and three years later he hurt his back while lifting a film development machine, according to his Los Angeles Superior Court lawsuit, which was challenged in multiple ways in court papers filed by the City Attorney’s Office.
On Tuesday, Judge Joseph Lipner dismissed MacDonald’s two contractual claims, which the plaintiff’s attorneys had agreed to drop anyway, and said the plaintiff needs more details to support his causes of action for hostile work environment, whistleblower retaliation, intentional infliction of emotional distress and negligent hiring, supervision and retention.
The judge overruled the city’s challenge to MacDonald’s discrimination claim.
“(MacDonald) demonstrates a discriminatory motive as his superior refused to accommodate plaintiff and soon thereafter (he) was terminated,” the judge wrote.
MacDonald maintains his back injury resurfaced every few years, including in September 2019 when he and some co-workers were riding in a freight elevator...
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