A firefighter has won a significant legal battle against the City and County of San Francisco, claiming retaliation for previous racial discrimination complaints. Larry Jacobs filed the complaint in August 2020 at the San Francisco Superior Court, alleging that the City denied him employment opportunities as an arson investigator in retaliation for his earlier lawsuits.
Jacobs, who has been with the San Francisco Fire Department since 2005, claimed that his efforts to secure a promotion to an H-6 arson investigator position were repeatedly thwarted due to his prior legal actions against the City. In 2011, Jacobs sued the City for racial discrimination and settled for $175,000 in 2018. He also complained about black mold at a fire station in 2014. Jacobs alleged that these actions led to retaliatory behavior from the Department, including being passed over for promotions he was qualified for.
During a jury trial held over several days in March and April 2022, Jacobs presented evidence of mistreatment throughout his career. He recounted being assigned menial tasks while injured and facing derogatory comments early in his tenure. Despite his qualifications and ranking on eligibility lists for arson investigator positions, Jacobs was overlooked multiple times between 2017 and 2021. Notably, he testified about instances where lower-ranked individuals were given positions or when roles he was eligible for were reclassified or left unfilled.
The jury found in favor of Jacobs, awarding him $725,000 in damages for past and future economic losses as well as noneconomic losses such as mental suffering. The court rejected the City's defenses and denied motions for judgment notwithstanding the verdict and a new trial.
On appeal, the City argued that the jury's award was excessive and unsupported by substantial evidence. They also claimed they did not receive a fair trial due to evidentiary rulings and misconduct by Jacobs’s counsel. However, while acknowledging some errors during closing arguments by Jacobs’s attorney—such as invoking race-related issues not directly tied to the case—the appellate court found no basis to overturn most of the judgment.
The appellate court did agree with one aspect of the City's appeal: it found insufficient evidence supporting part of the economic damages awarded by the jury. Consequently, it reversed this portion of the judgment but affirmed all other aspects.
Larry Jacobs is represented by attorneys from various law firms including those specializing in employment law. The case was presided over by judges Fujisaki (Acting P.J.), Petrou (J.), and Rodriguez (J.). The case ID is A167220.