Real v. Compton (August 9, 1999)
* Court: State appellate court
* Public Employer: City of Compton
* Plaintiff's Job Class: Police officer
* Trial Court Jury Decision: In favor of plaintiff ($1,400,000)
* Appellate Court Decision: In favor of City
* Plaintiff's Counsel: Wolfe & Wolfe
* Issue Areas: Americans with Disabilities Act (ADA)
Real Facts
* Real had been a police officer with Compton for 16 years.
* Real injured his knee on the job in 1989.
* Real re-injured it in 1992 in an on-the-job incident.
* Real was diagnosed with a permanent disability, subject to numerous
physical restrictions.
* Real's workers compensation rating was 42% for his left leg.
* The department did not have any positions for an officer with
Real's restrictions.
* Real was awarded an industrial disability retirement and began
part-time work as a security guard.
* Real filed suit with the Americans with Disabilities Act ADA).
* The jury found the City had not made reasonable efforts to
accommodate Real and awarded him $1,400,000 in damages.
* The appellate court reversed the decision at the trial level.
Real Analysis
* You are disabled for purposes of the ADA only if you are
substantially limited in at least one major life activity. Only after it
is determined that you are disabled under the ADA, does the issue of
reasonable accommodation come into play.)
* Walking, seeing, hearing, learning, and working are major life
activities, according to the federal Equal Employment Opportunity
Commission (EEOC).
* The U.S. Supreme Court in two decisions issued this June held that,
to be limited in the major life activity of working, you have to be
unable to work in a broad class of jobs and not just in a particular
job, such as the job of police officer.
* Being unable to perform any position with Compton would have been
enough, but Real failed to show this.
* Being unable to work in the law enforcement field would have been
enough, but Real failed to show this.
* Real only showed that he could not be a police officer, and this
was not enough.
