California Disability Law Requires Employees Claiming Disability Discrimination to Prove That They are Qualified Individuals

In Green v. State of California, S137770, the California Supreme Court ruled in a 4-3 opinion issued on August 23, that California’s Fair Employment and Housing Act (FEHA) requires plaintiffs to prove that they are “qualified individuals” under the statute. The FEHA prohibits discrimination against any person with a disability, and while it does not expressly include the term “qualified individual,” it is similar to the Americans with Disabilities Act (ADA) in that it provides that an employer may discharge an employee with a physical disability if that employee is unable to perform the essential duties of the job even with reasonable accommodation.

For the full story, please view the PDF.