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Case Name Malais v. Los Angeles City Fire Department
Date 03/29/2007
Note The only reason Malais was dissatisfied with special as opposed to platoon duty was that he preferred the work, schedule, and camaraderie of platoon duty to that of special duty, not that he suffered any adverse employment consequences from being limited to special duty.
Citation 150 Cal. App. 4th 350
WCC Citation WCC 32192007 CA
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE GREGORY MALAIS, Plaintiff and Appellant, v. LOS ANGELES CITY FIRE DEPARTMENT, Defendant and Respondent. Rockard J. Delgadillo, City Attorney, Claudia McGee Henry, Assistant City Attorney, and Kim Rodgers Westhoff, Deputy City Attorney, for Defendant and Respondent. Plaintiff Gregory Malais, a Captain II with defendant Los Angeles City Fire Department (Department), appeals from the summary judgment in favor of the Department on his second-amended complaint alleging causes of action for disability discrimination under the Fair Employment and Housing Act (FEHA (Gov. Code, § 12900 et seq. It is undisputed that the Department refused to assign Malais to platoon duty because of the loss of his leg. Ct. No. BC 321527) (Elizabeth A. Grimes, Judge) ORDER CERTIFYING OPINION FOR PUBLICATION GREGORY MALAIS, Plaintiff and Appellant, v. LOS ANGELES CITY FIRE DEPARTMENT, Defendant and Respondent.

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