Update: We are providing this general update to keep you informed about the current status of the class action lawsuit filed on behalf of current and former County of Los Angeles employees who experienced workplace injuries and related issues.
Status of Class Certification Motion
We have filed our motion for class certification with the Court, and the County has filed its opposition. Our reply is due next week. This is a significant milestone in the case.
Class certification is the legal process by which the Court decides whether the lawsuit may proceed on behalf of a broader group, or “class,” of similarly affected individuals, rather than only the named plaintiffs.
If the Court grants class certification, the case will formally proceed as a class action. Individuals who fall within the Court-approved class definition will be included unless they later choose to opt out. Class members will then receive a formal Court-approved notice explaining the nature of the case, their rights, and available options.
To certify a class, the Court must find that:
There are common legal or factual questions shared among class members;
The named plaintiffs’ claims are typical of those of the class;
The named plaintiffs and their attorneys can fairly and adequately represent the class;
The class is sufficiently numerous that individual lawsuits would be impractical; and
A class action is the most efficient and fair way to resolve the claims.
The County argues that the claims are too individualized to proceed as a class action. We strongly disagree and believe the evidence demonstrates common policies, practices, and systemic conduct affecting employees in similar ways.
Hearing on Class Certification
The hearing has been rescheduled from April 15 to April 28 at 11:00 a.m. We will provide a link in advance if you would like to listen to the arguments.
Mediation Ordered by the Court
The Court has ordered the parties to explore mediation. We are currently identifying tentative dates beginning in May. Mediation is a confidential process in which a neutral third-party mediator assists the parties in attempting to resolve the case. The mediator does not decide the outcome but facilitates discussions toward a potential resolution. Participation in mediation does not mean the case is ending or that any settlement has been reached. It is a common step in complex litigation. If mediation is unsuccessful, the case will continue through the normal litigation process.
Current Obligations of Class Members
At this time, only the named class representatives are participating in discovery and depositions. As a potential class member, you are not required to take any action.
We will continue to keep you informed as the case progresses.
This lawsuit is brought by Deputy Probation Officers against the Los Angeles County Probation Department (LACPD) who were intentionally denied reasonable accommodation for their medical injuries and restrictions. The lawsuit has been filed as a class action on behalf of employees required to work in a juvenile detention facility which included incarcerated individuals between the ages of eight (8) and twenty-five (25) years to perform custodial duties including physically restraining and retaining belligerent and violent incarcerated individuals (referred to as “Youth Offenders”), who have been charged with seriously violent crimes such as rape, sexual assault and murder. Plaintiffs were not adequately trained nor provided requisite personal protective equipment such as that typically provided to correctional officers facing the same or similar level, risk, and nature of physical injury.
The lawsuit alleges that the LACPD has adopted a discriminatory and irrational policy which equally threatens the physical safety of its custodial and non-custodial staff and the Youth Offenders under the care and custody of the LACPD. Under this policy, more fully described below, LACPD refuses to provide reasonable accommodation or engage in a meaningful interactive process for purposes of affording such accommodation.
The Plaintiffs intend to ask the Court to certify that the case should proceed as a class action on behalf of the following individuals:
All current and former employees of THE LOS ANGELES COUNTY PROBATION DEPARTMENT who were assigned to perform the full duties of a DETENTION SERVICES OFFICER (regardless of rank) despite having medical restrictions that necessitated a "Limited Light Duty Position" for the three years leading up to the filing of this Complaint. A "Limited Light Duty Position" involves temporary assignments with less physically demanding tasks and limited contact with Youth Offenders. Examples of such assignments include administrative duties at a reception desk, overseeing entrance or patrolling parking lots, managing movement within a facility, placement in a secured booth, or tasks conducted outside or away from detention facility living units.
All current and former employees with medical restrictions requiring a light duty position who were ordered to stay at home and not return to their duties until they no longer had medical restrictions.
The lawsuit has been filed and served on the LACPD. Counsel have also asked the Court for a temporary restraining order and preliminary injunction to prevent the LACPD from enforcing its discriminatory policies. Counsel will update further information and the Court’s rulings in the case. Please check back regularly for these updates.