WERDEGAR, J., Dissenting. I respectfully dissent. The issue in this case is simple: In an action for disability discrimination under the California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), 1 which party bears the burden of proving that the plaintiff’s disability did or did not prevent the plaintiff from performing the essential duties of the job? Is ability…
Read the full opinion (source) ↗
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Citation figures are counts of later citing opinions in our corpus and may be incomplete; always read and Shepardize the full opinion before relying on it.