California Court of Appeal

In an employment discrimination action, trial court's grant of summary judgment for defendant is affirmed where: 1) trial court properly held that defendant did not discriminate based on disability in violation of the Fair Employment and Housing Act (FEHA) as plaintiff did not present evidence that the stated reason for the adverse employment decision was false or pretextual; 2) defendant offered plaintiff a reasonable accommodation; 3) defendant did not identify a reasonable accommodation that was available at the time the interactive process under the Act should have occurred; and 4) the court properly rejected plaintiff's claims for retaliation, failure to maintain an environment free from discrimination, and termination of employment in violation of public policy.

Appellate Information

• Decided 05/06/2009
• Published 05/06/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Harrison, Tibor & Castillo and David F. Tibor, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Curiale Dellaverson Hirschfeld & Kraemer, Kirstin E. Muller, San Francisco;  Curiale Hirschfeld Kraemer and Judy M. Iriye, Santa Monica, for Defendant and Respondent.