Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

In August 2007, the California Supreme Court issued three decisions of interest to California employers. One of them, Green v. State of California, answered the issue on whether an employee alleging disability discrimination under the state law must prove that he is qualified for the job.

The California Supreme Court established in the Green case that when an employee sues an employer for disability discrimination under the Fair Employment and Housing Act (FEHA), the employee is required to prove qualifications to perform job duties, with or without accommodation.

The court felt that the California legislature modeled the FEHA after the federal Americans with Disabilities Act (ADA).  The ADA requires the plaintiff to prove that he or she is a qualified individual with a disability. FEHA disability discrimination excludes from coverage those persons who are not qualified, even with reasonable accommodation, to perform essential job duties.