Guz v. Bechtel National, Inc.

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Godwin v. Hunt Wesson, Inc.

Holding that pretext is shown if other employees with similar qualifications are treated more favorably

Board of Trustees v. Sweeney

Noting that "the employer's burden is satisfied if he simply `explains what he has done' or `produces evidence of legitimate nondiscriminatory reasons'"

White v. Ultramar, Inc.

Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"

Hersant v. Department of Social Services

Holding that "to avoid summary judgment, an employee claiming discrimination must offer substantial evidence that the employer's stated nondiscriminatory reason for the adverse action was untrue or pretextual, or evidence the employer acted with a discriminatory animus, or a combination of the two, such that a reasonable trier of fact could conclude the employer engaged in intentional discrimination.

Trujillo v. North County Transit Dist.

Holding that the statutory language of § 12940 does not "support recovery on . . . a private right of action where there has been a specific factual finding that [the alleged] discrimination or harassment actually occurred at the plaintiffs's workplace"

Nadaf-Rahrov v. Neiman Marcus Group, Inc.

Holding that "an employer's failure to engage in the interactive process is an unlawful employment practice . . . only if a reasonable accommodation existed."

Jensen v. Wells Fargo Bank

Holding that the critical question in a failure-to-accommodate case is "whether the informal process broke down, and, if so, which party was responsible"

Avila v. Continental Airlines, Inc.

Holding that calling in sick during an absence and providing hospital forms describing the illness upon return to work is sufficient notice

Wilson v. County of Orange

Finding employer engaged in interactive process because employee got "exactly what she wanted—albeit after a series of temporary accommodations"

Section 11068 - Reasonable Accommodation

Granting or extending a leave may be a reasonable accommodation "provided that the leave is likely to be effective in allowing the employee to return to work at the end of the leave ...."

Section 7297.2 - Right to Reinstatement: Guarantee of Reinstatement; Refusal to Reinstate; Permissible Defenses. [Renumbered]