Disability Discrimination

Michaelin Higgins-Williams worked for Sutter Medical Foundation as a clinical assistant. But she found her interactions with her boss and human resources stressful. And this is California, where no one should have to work with stress. That’s why we have yoga.

Because Higgins-Williams was experiencing the dreaded stress, her doctor took her off work and

Copyright: stockbroker / 123RF Stock Photo
Copyright: stockbroker / 123RF Stock Photo

One of our ongoing themes has been the extent of an employer’s obligation to accommodate disabled employees. A recent unpublished court of appeal decision – Swanson v Morongo Unified – illustrates this point.

Swanson, an elementary school teacher, had recently been treated for

Copyright: ximagination / 123RF Stock Photo
Copyright: ximagination / 123RF Stock Photo

We’ve written throughout the year about new employment laws that take effect in California in 2015. But as the year winds down, here’s a handy list of the most significant ones (with links to our earlier entries).

  1. Many California employers will be required to

Just last week I was complaining about the lack of guidance for employers dealing with employees who blame their bad behavior on a disability. Now a fired financial adviser is asking the Supreme Court to weigh in on the issue.

Morgan Stanley fired Ryan Foley from his job as a financial analyst when he removed

I’ve complained before about the lack of guidance for employers dealing with employees who attribute their bad behavior to a disability. The Ninth Circuit’s August 15, 2014 decision in Weaving v. City of Hillsboro (pdf) only adds to the confusion.

The City of Hillsboro, Oregon fired Weaving from his job as a police sergeant

From the employer’s perspective, the only way to truly “win” an employment case is to avoid it in the first place. We litigators love the thrill of gettting a judge, arbitrator, or jury to decide in our client’s favor. But it can be awfully expensive to get to that point. So without further ado,

The Law School Admission Council – a nonprofit that administers the Law School Aptitude Test or LSAT – has settled a dispute with the Department of Justice and California’s Department of Fair Employment and Housing over accommodations for disabled test-takers.

As we discussed here, California enacted Education Code section 99161.5 in 2013 to:

  1. require