LOS ANGELES (CNS) - A former Los Angeles Department of Water and Power employee once again needs to bolster 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 negligent hiring, retention, and supervision claim, saying no basis exists to hold a public entity like the DWP liable for such a cause of action. The judge also gave the plaintiff 20 days to file an amended complaint with more details to support his allegation of intentional infliction of emotional distress. MacDonald has dropped his cause of action for wrongful constructive termination.
In September, Lipner ruled that MacDonald needed additional facts to support his causes of action for hostile work environment and whistleblower retaliation. Those claims were not challenged by the city in the motion heard Tuesday.
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 that dropped half a floor and suddenly stopped. The plaintiff went on medical leave for two months and returned to work 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 June 21 states.
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 states 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 that he could still do such duties as recycling, putting caution tape around work areas and assisting colleagues with their projects, the suit states.
MacDonald believed he was being "pushed out not only because of his disability, but also his age," the suit states.
A DWP employee confirmed MacDonald's fears by telling him in early February of this year that he was no longer on the payroll department list, according to the suit. However, the city maintains MacDonald was terminated in 2022.