Maintenance Worker Suing City for Disability Discrimination was Caught on Tape Doing Handyman Work, Official Says

A 66-year-old former maintenance worker suing the city for disability discrimination was caught on video performing handyman work after claiming debilitating injuries prevented him from doing his job, according to a city official.

James Lopez filed a lawsuit against the city and Mayor Mary Ann Lutz on Feb. 4 and alleged that he was improperly fired last year while suffering from carpal tunnel syndrome.

Lopez contends in court filings that the city refused to reassign him to lighter duties after he had surgery on his hands that "limited his ability to engage in physical, mental and social activities, as well as his ability to work ... ."

In a letter responding to Lopez's administrative hearing over the matter last year, City Manager Scott Ochoa said that a private investigator hired by the city videotaped Lopez performing outside handyman work in 2009 in the same period when he insisted he could not perform his duties with the city.

"These videotapes showed you lifting with your hands, working with tools, operating a vehicle and doing other manual activities without the trouble your reported ... ," Ochoa's letter states.

Lopez told a doctor who examined him in April 2009 that his injuries prevented him from completing basic tasks, according to Ochoa.

"During the [Qualified Medical Examiner] examination, you indicated that your ability to perform even the most basic functions, such as dressing and taking care of yourself, had deteriorated to the point that such functions could not be undertaken without pain, accommodation and/or assistance," Ochoa wrote.

Lopez's attorney, Jeffrey Natke, did not return a call requesting comment on this story.

Lopez was terminated from his employment with the city on Feb. 1, 2010, for "dishonesty and violating the city's outside employment policy," according to court documents related to the lawsuit. He filed a disability discrimination claim with the city seeking $225,000 in compensation that was rejected by the City Council last September, city records show.

According to the lawsuit, Lopez had not been on active duty with the Monrovia Public Works Department since May 2008. The civil complaint alleges that the city "repeatedly refused to accommodate [Lopez's] disability ... ." Lopez, who worked for the city for 14 years, first experienced problems with carpal tunnel syndrome in 2001, according to court records.

Lopez could have been reassigned to vacant positions or "modify the job duties to conform with his work restrictions," the suit claims.

The lawsuit also alleges that the city engaged in age discrimination when terminating Lopez's employment.

"[Lopez] had an exemplary service record and did not engage in conduct that merited discipline, much less the severity of discipline imposed," the civil complaint states.

Ochoa said he could not comment directly on the litigation but said he hopes the case itself won't further tarnish the public's perception of public employees.

"We are very confident that the city will prevail in this case," Ochoa said. "My only regret in this matter is that it contributes to the narrative that public employees do not care about the public and in fact that is not the case. This instance is an exception, not the rule."