17 Cited authorities

Caterpillar Inc. v. Williams
482 U.S. 386 (1987) Cited 11,651 times 8 Legal Analyses
Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"
Allis-Chalmers Corp. v. Lueck
471 U.S. 202 (1985) Cited 2,758 times 4 Legal Analyses
Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights
Harris v. City of Santa Monica
56 Cal.4th 203 (Cal. 2013) Cited 384 times 46 Legal Analyses
Holding Fair Employment and Housing Act "does not purport to outlaw discriminatory thoughts, beliefs, or stray remarks that are unconnected to employment decisionmaking."
Laabs v. City of Victorville
163 Cal.App.4th 1242 (Cal. Ct. App. 2008) Cited 379 times
Finding no abuse of discretion where the trial court "could have easily concluded that at the time plaintiff refused to admit such matters she reasonably held a good faith belief that she would prevail at trial on these issues"
Hersant v. Department of Social Services
57 Cal.App.4th 997 (Cal. Ct. App. 1997) Cited 492 times
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.
Arteaga v. Brink's, Inc.
163 Cal.App.4th 327 (Cal. Ct. App. 2008) Cited 335 times 6 Legal Analyses
Holding that elements of a common law disability discrimination claim are the same as those of a FEHA claim
Hanson v. Lucky Stores, Inc.
74 Cal.App.4th 215 (Cal. Ct. App. 1999) Cited 382 times 3 Legal Analyses
Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"
Jensen v. Wells Fargo Bank
85 Cal.App.4th 245 (Cal. Ct. App. 2000) Cited 361 times 1 Legal Analyses
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"
Green v. State
42 Cal.4th 254 (Cal. 2007) Cited 296 times 2 Legal Analyses
Holding that the FEHA protects only employees with a disability who can perform the essential duties of the job with reasonable accommodation
Faust v. California Portland Cement Co.
150 Cal.App.4th 864 (Cal. Ct. App. 2007) Cited 250 times 2 Legal Analyses
Finding fact issue on plaintiff's FEHA disability discrimination claim with respect to employer's knowledge where a physician's work status report advised employer that plaintiff was "unable to perform regular job duties..."

Brief Reply In Support of Defendants Motion For Summary Judgment

17 Cited authorities

Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"

Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights

Holding Fair Employment and Housing Act "does not purport to outlaw discriminatory thoughts, beliefs, or stray remarks that are unconnected to employment decisionmaking."

Finding no abuse of discretion where the trial court "could have easily concluded that at the time plaintiff refused to admit such matters she reasonably held a good faith belief that she would prevail at trial on these issues"

Holding that elements of a common law disability discrimination claim are the same as those of a FEHA claim

Holding that "a finite leave of absence has been considered to be a reasonable accommodation under ADA, provided it is likely that following the leave the employee would be able to perform his or her duties"

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"

Holding that the FEHA protects only employees with a disability who can perform the essential duties of the job with reasonable accommodation

Finding fact issue on plaintiff's FEHA disability discrimination claim with respect to employer's knowledge where a physician's work status report advised employer that plaintiff was "unable to perform regular job duties..."