Quinn v. City of Los Angeles, 100 Cal. Rptr 2d 914, (Cal. App 2d Dist 2000)
The court of appeals found that the city did not engage in disability discrimination against a police officer with a hearing loss because the officer was never initially qualified for the position from which he was discharged. Plaintiff, a former police officer, brought suit alleging illegal discrimination in violation of California Fair Employment and Housing Act. Plaintiff failed the initial hearing exam and was erroneously allowed to complete the police officer training program. Upon discovery of this error, defendant terminated plaintiff during his probationary period. Defendant’s motion for directed verdict was denied and the Superior Court entered a jury verdict for the plaintiff. On appeal the judgment was reversed. It was held that since plaintiff was not initially qualified to be hired as a police officer there was no illegal discrimination.