Volunteers are a lifeline for many nonprofit employers, providing critical services at no charge. As with any worker, though, employers have to be wary of the potential for litigation if things go awry.
In one recent case, a former volunteer sued an organization for discrimination, claiming to be an employee under the California Fair Employment and Housing Act (FEHA).
Reserve cop sues for discrimination
Frank Estrada became a reserve officer for the Los Angeles Police Department (LAPD) in 1990. Police reserve officers aren’t paid a salary, wages, or compensation for services provided but are furnished with a police uniform and necessary equipment, as well as $50 reimbursement for expenses for each deployment period.
In 1995 and 1996, Estrada was involved in two traffic collisions. In both cases, he received workers’ compensation benefits and continued to receive these benefits because his injuries weren’t fully resolved.
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In October 2004, the U.S. Food and Drug Administration served a search warrant on Estrada’s nutritional supplement company, Body Basics, Inc. As a result, he became the subject of a personnel complaint by the LAPD’s Internal Affairs Division, alleging that he inappropriately sold a product containing the active ingredient of the prescription drug Viagra while off duty. Estrada was ultimately terminated in December 2007.
In 2009, Estrada sued the city for disability discrimination under FEHA. The trial court dismissed the case, finding that Estrada wasn’t an employee for FEHA purposes and therefore could not sue the city for disability discrimination. He appealed.
The result? Tune in tomorrow to find out.
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Even the most well-intentioned volunteer can become a plaintiff if he or she is hurt or suffers some loss. Important lesson to remember.