California Court of Appeal

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Wallace v. County of Stanislaus, 068068

In a discrimination case was brought by a sheriff's deputy against a county under Government Code section 12940, alleged disability discrimination based on county's removing him from his job as bailiff and placing him on an unpaid leave of absence because of its incorrect assessment that he could not safely perform his duties as a bailiff even with reasonable accommodation, the trial court's judgment is reversed and remanded for retrial where: 1) the instruction on what role animus plays in defining the employer's intent to discriminate against a disabled employee and the related question in the special verdict form contained error; 2) the instructional error was prejudicial.

Appellate Information

  • Decided
  • Published 2016/02/25

Judges

  • FRANSON

Court

  • California Court of Appeal

Counsel

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