United States Ninth Circuit

Dismissal of plaintiffs' claims, alleging defendant unlawfully rescinded their job offers for their failure to disclose that they were HIV-positive, is reversed where plaintiffs have raised material issues of fact as to whether defendant violated the ADA and California's Fair Employment and Housing Act.

Appellate Information

• Argued 10/04/2004
• Decided 03/04/2005
• Published 03/04/2005

Judges

• FISHER, Circuit Judge:, Before:  CUDAHY,GRABER and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Todd M. Schneider, Guy B. Wallace and Wendy E. Musell, Schneider & Wallace, and Kathleen McCormac, McCormac & Associates, San Francisco, CA, for the plaintiffs-appellants., Claudia Center, The Legal Aid Society-Employment Law Center, San Francisco, California, for the amicus curiae.


• For Appellees:
  
• Paula Champagne, Littler Mendelson, P.C., San Francisco, CA, and Kenneth R. O'Brien and Dylan W. Wiseman, Littler Mendelson, Sacramento, CA, for the defendant-appellee.