California Court of Appeal

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Swanson v. Morongo Unified School District, G050290

In this case, plaintiff sued defendant school district under California’s Fair Employment and Housing Act (FEHA) after defendant chose not to renew her probationary teaching contract. Plaintiff alleges that defendant violated FEHA by discriminating against her because she was diagnosed with breast cancer and took medical leave, failing to reasonably accommodate her cancer-related health conditions by refusing to assign her to teach an available second grade class, and failing to engage in a good faith, interactive process to identify a reasonable accommodation for her health conditions. Summary judgment in favor of defendant is reversed, where: 1) plaintiff established a triable issue of material fact on her discrimination claim; 2) defendant failed to show that the second grade assignment plaintiff sought was not a reasonable accommodation or that the fifth grade or kindergarten assignments offered were reasonable accommodations; and 3) defendant failed to present any evidence showing it engaged in an ongoing dialog with plaintiff regarding her requested accommodations.

Appellate Information

  • Decided 12/30/2014
  • Published 12/30/2014

Judges

  • Aronson

Court

  • California Court of Appeal

Counsel