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Disability Discrimination

Disability Discrimination

Hyperthyroidism Is Disability Under FEHA; Employer Notice, submitted by Jim Cordes. This summary judgment opposition includes a detailed factual argument that hyperthyroidism causing shaking is a disability under FEHA and that the employer had notice of the disability. Includes thorough response to defense statement of undisputed facts.
Click here to download in WordPerfect format intead.

Walking Limitation is a Disability; Failure to Accommodate, submitted by Michelle Ferber. This brief argues that a walking limitation was a protected disability under both the easier FEHA standard and the tougher ADA standard. The brief also examines the nature of the employer's reasonable accommodation duties.

Perceived Disability Definition, submitted by Robert Wallace. Detailed opposition to petition for writ of mandate on a single issue: when is an employee regarded as disabled by an employee within the meaning of FEHA. Includes request for judicial notice of labor market statistics available on the internet.

Petition for Review in Roby v. McKesson HBOC , submitted by David deRubertis, February 2007. The Supreme Court should, inter alia: resolve confusion concerning constitutional punitive damages review; make clear that Reno v. Baird does not insulate employers from harassment liability simply because a theoretical connection can be made between a supervisor's conduct and necessary management duties.

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