A former Los Angeles Department of Water and Power employee has reached a tentative settlement in his lawsuit in which he alleged he was a victim of age and disability discrimination as well as retaliation.
Plaintiff Brett A. MacDonald, now 75, 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. On March 6, his attorneys filed court papers with Judge Joseph Lipner notifying him of a “conditional” accord in the case along with the expectation a request for dismissal will be brought by May 20. No terms were divulged.
Earlier in the case, Lipner dismissed MacDonald’s negligent hiring, retention, and supervision claim, saying no basis existed to hold a public entity like the DWP liable for such a cause of action. MacDonald also had previously dropped his cause of action for wrongful constructive termination.
In his lawsuit, MacDonald contended that a back injury resurfaced every few years, including in September 2019 when he and some of his co-workers were in a freight elevator that descended and suddenly stopped. The plaintiff went on medical leave for two months and returned with a work restriction preventing him from lifting anything heavier than 40 pounds and directing him to stand and stretch every 30 minutes, according to the suit.
But after only two weeks, MacDonald was asked to lift items heavier than 40 pounds, exasperating his condition, so he provided a doctor’s note modifying his lifting limit to 0 pounds, the suit filed in June 2023 stated.
Due to coronavirus safety protocols, the DWP in early 2021 requested that employees over the age of 65 not report to work until Jan. 31, 2022, according to the suit, which further stated that when MacDonald returned, he had a new lifting restriction limit of 15 pounds.
Management told MacDonald the new lifting limit was unacceptable, even though the plaintiff told them he could still do such duties as recycling, putting caution tape around work areas and assisting colleagues with their projects, the suit stated.
MacDonald believed he was being “pushed out not only because of his disability, but also his age,” the suit stated.
A DWP employee confirmed MacDonald’s fears by telling him in early February 2023 that he was no longer on the payroll department list, according to the suit.
But according to the city’s court papers, the “undisputed evidence” showed that MacDonald’s permanent work restrictions prevented him from performing essential functions of his technician job, with or without reasonable accommodation. DWP temporarily placed the plaintiff on paid leave while it conducted a department-wide search for vacant alternate assignments, but MacDonald qualified for none of them, the city’s lawyers further stated in their pleadings.