Seyfarth Synopsis: Under California law, obesity can qualify as a disability if it has a physiological cause and limits a major life activity. Proving such a claim has been difficult. The First District Court of Appeal’s...more
1/2/2018
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Appeals ,
Corporate Counsel ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
FEHA ,
Harassment ,
Hiring & Firing ,
Reasonable Accommodation ,
Retaliation ,
Summary Judgment
Seyfarth Synopsis: The Court of Appeal held that police officer recruits who were not “qualified individuals” under FEHA for purposes of their discrimination claim could nonetheless prevail on their claim for failure to...more
2/18/2017
/ Appeals ,
Disability Discrimination ,
Duty to Accommodate ,
Employee Reassignment ,
FEHA ,
Future Wages ,
Jury Verdicts ,
Light-Duty Positions ,
New Trial ,
Police ,
Reasonable Accommodation
Seyfarth Synopsis: An employee who expresses opposition to an employer’s policies and practices that affect members of the general public is not engaging in an activity that FEHA protects, because the activity is not opposing...more
11/21/2016
/ Adverse Employment Action ,
Appeals ,
Disability Discrimination ,
Discrimination ,
Employment Discrimination ,
FEHA ,
Hiring & Firing ,
Protected Activity ,
Public Employees ,
Retaliation ,
San Francisco ,
Termination
Seyfarth Synopsis: California Court of Appeal reverses a summary judgment for an employer that failed to follow its own policy regarding layoffs.
Moore v. Regents of the University of California serves as a reminder to...more
6/29/2016
/ Appeals ,
California Family Rights Act (CFRA) ,
Corporate Counsel ,
Disability Discrimination ,
FEHA ,
Hiring & Firing ,
Interactive Process ,
Reasonable Accommodation ,
Retaliation ,
Reversal ,
Summary Judgment ,
Wrongful Termination
Seyfarth Synopsis: California court creates new duty to accommodate employees who, although not themselves disabled, are associated with a disabled person.
The Court of Appeal decision in Castro-Ramirez v. Dependable...more
Seyfarth Synopsis in a Second: Employer intent is not a required element in a disability discrimination claim alleging a failure to accommodate, and the employer bears the risk of mistaking the employee’s abilities.
On...more