LOS ANGELES (CNS) – A 65-year-old former city of Alhambra employee is suing the city for allegedly refusing to accommodate him for various health injuries, including suffering two strokes, and pushing him to retire in 2022 before he had full benefits.
Plaintiff John Gomez contends in his Los Angeles Superior Court lawsuit that he was ultimately forced to retire earlier than he planned. His causes of action are for disability discrimination, failure to accommodate and engage in the interactive process, retaliation and failure to prevent discrimination and retaliation.
Gomez seeks unspecified damages and attorneys’ fees. In their court papers, Alhambra attorneys deny Gomez’s allegations and say the city indeed engaged in the interactive process with the plaintiff, but found no reasonable accommodation available in light of his work restrictions and qualifications.
On Thursday, Judge Rupert A. Byrdsong scheduled a trial-setting conference for March 4, 2025.
Gomez was hired in 2001 as a field service representative and his duties included reading and installing water meters and doing tests to find out why abnormal uses of water were taking place. G
“He was praised regularly by his superior for being a great worker,” the suit states.
Gomez had a minor stroke in 2017 that impacted his vision, was put on medical leave and had bypass heart surgery after he was diagnosed with clogged arteries, the suit states. He returned to work later that year and worked with modified duties as a cashier, according to the suit.
While in his cashier role, the director of his department one day walked into the office and shared Gomez’s medical history with other workers, violating the plaintiff’s privacy, the suit alleges.
Gomez complained to human resources, according to the suit, which further states he suffered another stroke in 2021 that affected his speech and walking.
The next year, the city told Gomez he could no longer work as a field representative and that the position could not be modified to accommodate his health problems, so they told him about many open employment possibilities, including firefighter and police officer, the suit states.
But the city told Gomez he was not suitable for any of the vacant jobs due to his restrictions or lack of qualifications, the suit states. The city did not tell the plaintiff about any open cashier jobs until later, when another person in the position went on medical leave, the suit further states.
Gomez was eager to return to work and hoped to work a few more years so he could get full benefits, but the job was instead given to someone outside the department given that the regular worker’s leave was going to be lengthy, the suit states.
Although Gomez asked human resources to give him the job he believed he was promised, the request was denied and the plaintiff was not offered any other jobs he could fill given his health, the suit states.
After an interactive meeting in January 2022, the city urged Gomez to take a disability retirement, the suit states. He initially refused, but in May of that year he was forced to retire because of a lack of money and employment benefits, the suit states.
Gomez has suffered lost income and emotional distress since losing his job, the suit states.
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