knbc.com
Friday, May 9, 2008, 6:37 am
Saving on Summer Plane Fares

Search 
Search IBS  Search the Web
news
E-Mail News Alerts
Get breaking news, daily headlines and more.

Judge Rules Gay Ex-LAPD Officer Can Take City to Trial

POSTED: 11:46 am PST February 20, 2008
UPDATED: 12:17 pm PST February 20, 2008

A gay woman who alleges the Los Angeles Police Department wrongfully fired her because of her sexual orientation can take her lawsuit to trial, a judge ruled Wednesday.

Los Angeles Superior Court Judge Edward A. Ferns rejected a motion by lawyers for the city of Los Angeles to dismiss the case on grounds there were no triable issues in Shelby Feldmeier's lawsuit.

Feldmeier, who attended Wednesday's hearing, filed the lawsuit in January 2006. She graduated from the LAPD academy in February 2004 and was assigned as a probationary employee to the Wilshire Station, where male officers made frequent offensive comments about homosexuality and asked if she was gay, according to her lawsuit.

Ferns' ruling comes amid attempts by both sides to settle the case before trial with the help of another judge. The first settlement conference before Judge Peter D. Lichtman took place Tuesday and lawyers in the case told Ferns they soon will be scheduling another session.

In the wake of efforts to resolve the case, Ferns today pushed back the trial from March 10 to May 12.

On Friday, Ferns rejected a motion by Feldmeier's attorneys to give class certification to part of her lawsuit. But, in a nine-page ruling, the judge said Feldmeier can seek the help she is trying to give other gay officers through her individual action and does not need the benefit of class certification.

In finding that her case can go to trial, Ferns said he relied heavily on a declaration Feldmeier filed in November. She maintains there have been potentially "dozens or even hundreds" of probationary employees who have suffered similar harassment and discipline because of their gender or sexual orientation.

Feldmeier, a Huntington Beach resident, maintains her complaints about harassment and discrimination to then-Deputy Chief Michael Berkow were not taken seriously.

"I told Deputy Chief Berkow that I had experienced discrimination at Wilshire and that I could provide names," Feldmeier states in court papers. "I was crying as I sat in his office and described the work environment at Wilshire."

Berkow appeared uninterested, according to Feldmeier.

"He said that sexual orientation discrimination isn't an issue in today's LAPD," Feldmeier states.

Still, Berkow promised to investigate, according to Feldmeier, but did not keep his promise.

"I believe that LAPD sat on my complaints of discrimination and harassment and failed to conduct a reasonable, thorough investigation," she states.

Berkow, now the chief of police in Savannah, Ga., is the subject of an internal LAPD probe alleging he traded sex with other female officers in exchange for personal favors and promotions.

Last year the LAPD settled a discrimination lawsuit brought by Mitchell Grobeson, the first openly gay officer in the department, that set guidelines aimed at banning discrimination against gay and lesbian officers.

Feldmeier believes she and other gay officers are covered by the rules set forth in the Grobeson case, but that the department is ignoring their complaints and that another court directive is warranted, said one of her lawyers, Michael W. Parks.

Photo Galleries
Getty Images
Celebrities watch the Lakers during the NBA Playoffs. More
Images: Celebrities In The Crowd
Images: NBA First Team

Check out the newest PhotoVote contest finalists for "Pets In Action 2." Vote for your favorite and check out our other great submissions. More


Sponsored Links




Links We Like
You’re feeling confident and you really want this job. Don’t shrink your chances of landing it by making any of these six common interview mistakes. More

You don’t want to be the person that sends out that inflammatory e-mail. Find out what you can do to avoid e-mail mishaps that could cost you more than just a little embarrassment. More

Is your boring bathroom embarassing? Find out how to make it really shine.
More


If you want to see Yankees Stadium in its final year, you can. Enter to win a trip to the 2008 All-Star Game and be a part of baseball history. More

Like online video? Then you'll love Now See This.

Links We Like includes a selection of information, tools and resources from our partners and sponsors.

Consumer Info


Sponsored Content Provided by ARA