Jail guard with CP sues over discrimination

From SanLuisObispo.com August 1:

A former County Jail guard is suing the Sheriff’s Department, claiming he was fired and discriminated against because he has cerebral palsy.

Edward Cox, 26, says he was wrongfully fired and that employees there intentionally inflicted emotional distress and discriminated against him because of his physical disability, according to a lawsuit filed July 11 in San Luis Obispo Superior Court.

Sheriff’s Department spokesman Rob Bryn declined to comment this week on the allegations, saying the agency had not yet received a copy of the lawsuit.

He also noted the department would not comment on the case because it involved a personnel action—the firing of an employee still on probation.

Cox, of San Luis Obispo, is asking for an unlimited amount in compensation, lost earnings and benefits, according to the lawsuit.

A court date has been set for Nov. 20.

Cox’s attorney, Maury Mills of Ventura, said his client could perform all of the essential functions of the job without special accommodations and had passed required tests. He has no physical limitations but does visibly show some signs of cerebral palsy.

Cerebral palsy refers to a range of physical disabilities caused by damage to the motor control centers of a developing brain.

In the suit, Cox described how he was fired during a probationary period about four months after he was hired on June 7, 2007. He said he was not given proper training and not treated the same as four other new hires.

He contended he was familiar with the requirements of a correctional officer through his father, who had worked in that position for 20 years at the same department.

One instance of reported mistreatment alleged in the suit was when a supervisor told a colleague that he would not go easy on Cox, without saying that about the other trainees.

Cox also said he was not given training necessary to complete his assignments.

When he complained to a superior about the lack of training, verbal abuse and negative reports about his performance, Cox said he was offered an opportunity to begin training anew, but he would have had to complete it within three months instead of six.

But nothing changed related to Cox’s training; he was fired and not given a reason for the termination, he said in the lawsuit.