California Supreme Court Confirms That Plaintiff Claiming Disability Discrimination Under FEHA Must Show Qualification for Position
The California Supreme Court today issued a 4-3 decision in the case of Green v. State of California, resolving a split in authority regarding the burden of proof in disability discrimination cases under the Fair Employment and Housing Act (the "FEHA"). It is now settled that a plaintiff alleging disability discrimination under the FEHA must prove that s/he was qualified to perform the essential functions of the job, with or without reasonable accommodation. The defendant does not have to affirmatively prove that the plaintiff was unqualified in order to avoid liability.
Federal Litigators Face New Burdens in E-Data Discovery
Disability Is In The Eye of the Beholder: Court Of Appeal Mandates Employer Accommodation Of Employees "Regarded As" Disabled
The California Fair Employment and Housing Act ("FEHA") requires employers to engage in an interactive process to determine whether reasonable accommodation can be made to allow employees with known disabilities to perform the essential functions of their jobs. In Charles Gelfo v. Lockheed Martin Corporation, the California Court of Appeal held that an employer must engage in an informal interactive process with, and make reasonable accommodation for, an employee or applicant who is "regarded as" being physically disabled, even though the individual may not actually be physically disabled.