Gelfo injured his back at work. The medical report concluded that the injury was permanent and stationary, precluding him from performing heavy work. After the injury, Gelfo had trained for and offered a new position, but after receiving the report, the employer revoked the offer because the physical requirements of the new position were contrary to the medical restrictions.
Though Gelfo claimed he was no longer disabled, the employer continued to rely on the medial report, and considered whether an accommodation could enable Gelfo to perform the new position. The employer concluded that there were no reasonable accommodations to satisfy the medical restrictions.
The Court of Appeals agreed that Gelfo was not actually disabled, but held that under the Fair Employment and Housing Act (FEHA), employers must reasonably accommodate individuals regarded as disabled.
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