Los Angeles Sexual Assault Lawyer Blog

Despite a mountain of employment litigation piled year after year against the Los Angeles Police Department, the agency has apparently failed to correct the underlying practices that lead to such action, according to a recent audit.

Our Los Angeles Sexual Assault Lawyers understand that the 10-page report, delivered by the L.A. Police Commission's inspector general, was a stinging one. Among the allegations:

• The police department routinely takes action to destroy case files;


• The agency keeps incomplete and inaccurate information on lawsuits;


• The department lacks a system that would help to identify recurring issues that result in problems among officers.

In other words, despite shelling out sometimes millions of dollars per case, the agency has made little or no effort to make any meaningful changes that would prevent sexual harassment and various kinds of discrimination. As the audit worded it, department administrators "failed to take even basic steps" to reduce the number of lawsuits or, what's more, improve the safety and quality of working environment for the men and women who dedicate their heart and soul - and sometimes sacrifice their lives - to this work.

The inspector general's office tabulated that the city has paid somewhere in the neighborhood of $31 million over the past 5 years to resolve employment-related cases. Those have involved LAPD members who alleged they were victims of retaliation, harassment, discrimination and other forms of misconduct. That portion accounted for nearly one-third of the total $110 million paid out during that timeframe for all LAPD lawsuits. The other two-thirds were for complaints stemming from allegations of excessive force and negligence in traffic crashes.

We don't know what the total liability was in each case because neither the LAPD nor the city attorney's office took the time to track how many hours both attorneys and investigators worked on each case. So while we know the amounts paid out in verdicts and settlements, the actual cost per case is much higher.

Among the recommendations made as a result of the audit was the suggestion to start a mediation program that would involve not only members of LAPD, but also the city attorneys' office and members of the union. The union has said it would be completely on board with such a program, but the agency has yet to announce its support (or rejection) of such a measure.

Another recommendation was that the agency immediately cease its practice of shredding case files as soon as a civil lawsuit is closed. This would help improve the accuracy of the information stored in the agency's case-tracking database, which had been identified as another problem by the inspector.

The agency was also advised to use the lessons learned from lost employment litigation to identify potential pitfalls that often lead to lawsuits. With that information, supervisors should be trained how to handle these kinds of specific problems, should they arise. Generally teaching a course on sexual harassment is a start, but taking a case-in-point, actual issue that the agency recently dealt with and showing how things might have been done differently might be more effective.

Continue reading "LAPD Lawsuits Stack Up, Audit Scolds Failure to Reduce Liability" »

A black police officer who joined the ranks of the Los Angeles Police Department in the late 1980s has won a $1.2 million verdict, after a jury found he was harassed on the basis of his race.

Our Los Angeles Sexual Assault Lawyers know that it took a great deal of courage for this 25-year veteran to speak out about the humiliation and mistreatment he suffered from his supervisor and colleagues.

This verdict is the latest in a string of judgments and settlements against the agency, which has faced dozens of allegations of cop-on-cop harassment, discrimination and retaliation. One after another, these cases have revealed an inherent ineptitude on the part of the department's administration to properly address these complaints when they are first made and appropriately discipline those responsible.

In fact, this verdict was the second seven-figure judgment the city had to pay in a week. Another claim involved two lesbian police officers, one of whom already retired, who had suffered for years with the sexual harassment of their supervisor.

In the case involving racial discrimination, the officer alleged he had endured the abuse for years. One example given at trial was when he requested to leave work early one day. His supervisor responded if his reasoning had to do with his needing to "go pick watermelons."

In another instance, he claimed, his supervisor brought in a cake to celebrate the officer's two decades of service. The cake was topped with a slice of watermelon and a piece of fried chicken.

Other officers testified that the plaintiff had laughed along with everyone else, even going so far as to eat a bite of the chicken cake-topper. However, people who are embarrassed, in shock and on the spot might not always verbally express their true feelings right at that moment.

A lieutenant for the department testified that the plaintiff was a willing participant in the ongoing, inappropriate racially vulgar banter. The jury disagreed.

The verdict followed the department's own internal investigation, which had resulted in a number of supervisors being either reassigned, demoted or terminated. Initially, the city offered to settle the case for $10,000. The plaintiff's attorney rejected that offer, instead suggesting a payment of $400,000, which the city rejected. Now it will be paying three times that amount.

Employees are protected from racial discrimination under Title VII of the Civil Rights Act of 1964, which applies to private employers as well as those in the federal, state and local governments, employment agencies and labor organizations.

Racial harassment may include derogatory or offensive remarks about a person's skin color or race, a display of racially-offensive symbols or racial slurs. Although the law doesn't specifically forbid simple teasing or an isolated, offhand comment, it may be considered harassment if it's severe or continues for some time.

The city's police chief said his agency had taken what was learned in this most recent action to heart in stepping up its efforts to create a working environment that lacks hostility.

Time will tell.

Continue reading "LAPD Loses $1.2M Lawsuit for Harassment of Black Officer" »