24 Cited authorities

US Airways, Inc. v. Barnett
535 U.S. 391 (2002) Cited 1,092 times 29 Legal Analyses
Holding that "reasonable accommodation" in ADA means more than just effective accommodation
Humphrey v. Memorial Hospitals Ass'n
239 F.3d 1128 (9th Cir. 2001) Cited 578 times 7 Legal Analyses
Holding that employer had a duty to accommodate employee with obsessive compulsive disorder, which interfered with her ability to get to work on time, or at all, but did not affect her ability to function effectively as a medical transcriptionist
Barnett v. U.S. Air
228 F.3d 1105 (9th Cir. 2000) Cited 525 times 1 Legal Analyses
Holding that "an employer cannot prevail at the summary judgment stage if there is a genuine dispute as to whether the employer engaged in good faith in the interactive process"
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
Jensen v. Wells Fargo Bank
85 Cal.App.4th 245 (Cal. Ct. App. 2000) Cited 360 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"
Gelfo v. Lockhead Martin Corp.
140 Cal.App.4th 34 (Cal. Ct. App. 2006) Cited 292 times 1 Legal Analyses
Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws
Nealy v. City of Santa Monica
234 Cal.App.4th 359 (Cal. Ct. App. 2015) Cited 196 times 6 Legal Analyses
Holding that "the employee should be able to identify specific, available reasonable accommodations through the litigation process, and particularly by the time the parties have conducted discovery" (citing Scotch, 93 Cal. Rptr. 3d at 365)
Prilliman v. United Air Lines, Inc.
53 Cal.App.4th 935 (Cal. Ct. App. 1997) Cited 260 times
Concluding that the plaintiff presented triable issues of fact with respect to his negligence cause of action based on United Air Lines's failure to supervise employees and train employees about the plaintiff's rights under the FEHA
Weeks v. Baker McKenzie
63 Cal.App.4th 1128 (Cal. Ct. App. 1998) Cited 201 times
Finding "evidence that persons who complained [about employee's sexual harassment] actions were transferred or were themselves terminated as employees" supported a finding that employer did not "take misconduct seriously" and consciously disregarded the rights of others
Rohr v. Salt River Project Agricultural Improvement & Power District
555 F.3d 850 (9th Cir. 2009) Cited 142 times 1 Legal Analyses
Holding that to survive summary judgment, an affidavit supporting the existence of a disability only need contain sufficient detail to convey the existence of an impairment
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,857 times 11 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 12926.1 - Physical and mental disabilities
Cal. Gov. Code § 12926.1 Cited 144 times
Codifying part of the Prudence Kay Poppink Act
Appendix to Part 1630 - Interpretive Guidance on Title I of the Americans With Disabilities Act
29 C.F.R. § 1630, app to Part 1630 Cited 873 times 8 Legal Analyses
Determining whether an individual is substantially limited in a major life activity entails the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact
Section 11065 - Definitions
Cal. Code Regs. tit. 2 § 11065 Cited 71 times 7 Legal Analyses
Defining essential and marginal functions

Brian Rooney vs. Control Air Conditioning Corporation

24 Cited authorities

Holding that "reasonable accommodation" in ADA means more than just effective accommodation

Holding that employer had a duty to accommodate employee with obsessive compulsive disorder, which interfered with her ability to get to work on time, or at all, but did not affect her ability to function effectively as a medical transcriptionist

Holding that "an employer cannot prevail at the summary judgment stage if there is a genuine dispute as to whether the employer engaged in good faith in the interactive process"

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

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"

Ruling that Kaplan's reasoning should not be applied to similarly limit California discrimination laws

Holding that "the employee should be able to identify specific, available reasonable accommodations through the litigation process, and particularly by the time the parties have conducted discovery" (citing Scotch, 93 Cal. Rptr. 3d at 365)

Concluding that the plaintiff presented triable issues of fact with respect to his negligence cause of action based on United Air Lines's failure to supervise employees and train employees about the plaintiff's rights under the FEHA

Finding "evidence that persons who complained [about employee's sexual harassment] actions were transferred or were themselves terminated as employees" supported a finding that employer did not "take misconduct seriously" and consciously disregarded the rights of others

Holding that to survive summary judgment, an affidavit supporting the existence of a disability only need contain sufficient detail to convey the existence of an impairment

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Codifying part of the Prudence Kay Poppink Act

Determining whether an individual is substantially limited in a major life activity entails the nature and severity of the impairment; the duration or expected duration of the impairment; and the permanent or long term impact

Defining essential and marginal functions