Wills v. Superior Court for the State of California, County of Orange

Appellant's Opening Brief

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The court should adopt the rulings of the Ninth Circuit that “conduct resulting from a disability is considered to be part of the disability, rather than a separate basis for the termination.” Doing so would harmonize California case law with the ADA, reflect the law as enforced by California's own Department of Fair Employment and Housing, and would provide actual employment discrimination protection for those with behavioral disabilities.

Every major decision throughout the United States that has addressed the issue directly has held that, "if the law fails to protect the manifestations of her disability, there is no real protection in the law because it would protect the disabled in name only. Failing to provide protection for conduct resulting from a disability defeats the purpose of the statute and opens the door to discrimination against any person with a behavioral disability manifesting in conduct that causes no actual threat of harm but is disturbing, troubling, or confusing to coworkers.

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Reference Info:Appellate Brief | State, 9th Circuit, California | United States


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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