SAN FRANCISCO—Plaintiffs who claim disability discrimination under California’s Fair Employment and Housing Act must prove they are qualified to perform the job’s essential function with or without reasonable accommodation, the California Supreme Court ruled.
Mr. Green was a stationary engineer for the state Department of Corrections at the California Institute for Men, located in Chino, Calif. After he returned to his job following a work-related injury in 2000, the institute’s work coordinator discovered a 1997’s doctor’s report, which followed Mr. Green’s treatment for hepatitis, recommending him for light duty only.
That same day, Mr. Green came to her office complaining of fatigue because of the hepatitis. She later sent him a letter telling him he could not return to his position unless he could be cleared for full duty. A subsequent request by Mr. Green to return to work was denied, and he filed a disability discrimination claim with the state’s Department of Fair Employment and Housing and a complaint for damages in state superior court.
At trial, the judge did not instruct the jury that Mr. Green must prove he was qualified for the position, according to the opinion. The jury awarded Mr. Green $597,000 in economic damages and $2 million in noneconomic damages.read more
Subscribe to:
Post Comments (Atom)
1 comment:
I was diagnosed as HEPATITIS B carrier in 2013 with fibrosis of the
liver already present. I started on antiviral medications which
reduced the viral load initially. After a couple of years the virus
became resistant. I started on HEPATITIS B Herbal treatment from
ULTIMATE LIFE CLINIC (www.ultimatelifeclinic.com) in March, 2020. Their
treatment totally reversed the virus. I did another blood test after
the 6 months long treatment and tested negative to the virus. Amazing
Post a Comment